Commonwealth v. Carter
122 A.3d 388
| Pa. Super. Ct. | 2015Background
- Gene Donta Carter was convicted by a jury of multiple controlled-substance offenses (16 counts delivery, 2 counts possession with intent to deliver, plus conspiracy, use of a communication facility, and dealing in proceeds).
- Trial resulted from an investigation showing Carter received drugs from a Philadelphia source and sold them in Blair County (Sept. 2009–Apr. 2010).
- The trial court imposed an aggregate sentence of 104½–215 years, including sixteen mandatory minimum terms under 18 Pa.C.S. § 7508; the sentencing judge later died.
- Post-sentencing practice and clerk errors delayed appellate timelines; the Superior Court deemed both appeals timely and consolidated them.
- Carter raised four issues on appeal: denial of his request to have a second attorney from his counsel’s office act as co-counsel at trial; denial of his request for a copy of the trial audio; constitutionality of mandatory minimums under Alleyne; and excessiveness of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court refused second-chair counsel participation | Carter: Rutkowski (co‑lawyer from appointed counsel’s office) should be allowed to cross‑examine and assist at trial | Trial court/Commonwealth: Appointment of additional counsel is discretionary; no prejudice shown; each party limited to one attorney in multi-defendant trial | Denial was within the court’s discretion; no abuse found |
| Denial of copy of trial audio recording | Carter: Transcript is altered; audio needed to show missing/altered testimony | Commonwealth/trial court: No specific omissions identified in record; issue not preserved | Waived for failure to identify specific transcript errors |
| Mandatory minimum sentences under § 7508 post-Alleyne | Carter: Mandatory minimums imposed based on judge-found facts violates Alleyne; sentence unconstitutional | Commonwealth: § 7508 justified sentencing scheme (argued below) | § 7508 application was unconstitutional under Alleyne; entire sentence vacated and case remanded for resentencing |
| Sentence manifestly excessive / de facto life | Carter: Consecutive mandatory terms produced de facto life sentence | Commonwealth: Sentence reflected statutory requirements and offense gravity | Moot — court vacated entire sentence and remanded for resentencing |
Key Cases Cited
- Gonzalez-Lopez v. United States, 548 U.S. 140 (erroneous deprivation of chosen counsel is structural error)
- Champney v. Pennsylvania, 832 A.2d 413 (Pa. 2003) (appointment of additional counsel is discretionary)
- Howard v. Pennsylvania, 659 A.2d 1018 (Pa. Super. 1995) (court may "regard as done that which ought to have been done" for clerk omissions)
- Fransen v. Pennsylvania, 42 A.3d 1100 (Pa. Super. 2012) (issues waived if record location not identified)
- Eline v. Pennsylvania, 940 A.2d 421 (Pa. Super. 2007) (preservation rules for trial objections)
- Alleyne v. United States, 570 U.S. 99 (2013) (facts increasing mandatory minimums must be found by a jury beyond a reasonable doubt)
- Cardwell v. Pennsylvania, 105 A.3d 748 (Pa. Super. 2014) (§ 7508 unconstitutional under Alleyne)
- Newman v. Pennsylvania, 99 A.3d 86 (Pa. Super. 2014) (en banc) (§ 7508 incompatible with Alleyne)
- Ferguson v. Pennsylvania, 107 A.3d 206 (Pa. Super. 2015) (vacatur of entire sentence and remand for resentencing where mandatory minimum error implicated overall scheme)