Commonwealth v. Coulverson
34 A.3d 135
| Pa. Super. Ct. | 2011Background
- Coulverson, age 19, pled guilty to multiple offenses including rape, IDSI, sexual assault, aggravated indecent assault, indecent assault (two counts), robbery, unlawful restraint, terroristic threats, false identification to law enforcement, burglary (four counts), theft, and receiving stolen property in three Pittsburgh-area cases.
- The PSI and testimony showed a history of severe childhood hardship and homelessness, with little prior criminal history.
- The trial court imposed an aggregate sentence of 18 to 90 years, starting each term in the standard range but running consecutively to the statutory maximum on each count.
- The Aggravated Indecent Assault conviction carried a 20-year maximum, exceeding the statutory maximum for a second-degree felony (10 years).
- The court also purported to impose no-contact parole conditions, which the record shows exceeded the court’s authority and are advisory only for the parole board.
- Coulverson appealed, challenging the legality and reasonableness of the maximum sentences and the no-contact parole conditions; the Commonwealth conceded illegality on the Aggravated Indecent Assault count and the no-contact condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 90-year maximum is unlawful and/or clearly unreasonable. | Coulverson contends the maximum is excessive and inadequately justified. | Coulverson argues the court failed to provide sufficient individualized reasoning for extending to the maximum. | Maximum was clearly unreasonable; vacate and remand for resentencing. |
| Whether the no-contact parole condition exceeded the court’s authority. | Coulverson asserts the court cannot impose state parole conditions on its own. | The record shows the court attempted to impose a condition beyond its authority. | Parole no-contact condition is illegal and vacated. |
Key Cases Cited
- Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008) (unreasonableness standard for within-guideline sentences when maximum is punitive)
- Commonwealth v. Walls, 926 A.2d 957 (Pa. 2007) (reasonableness and consideration of §9721 factors in review)
- Commonwealth v. Mears, 972 A.2d 1210 (Pa. Super. 2009) (parole conditions are advisory to the Board of Probation and Parole)
- Commonwealth v. Britton, 482 A.2d 1294 (Pa. Super. 1984) (vacatur where sentence exceeds statutory maximum for a second-degree felony)
- Commonwealth v. Feucht, 955 A.2d 377 (Pa. Super. 2008) (record must reflect meaningful consideration of §9721(b) factors)
- Commonwealth v. Devers, 546 A.2d 12 (Pa. 1988) (presence of PSI supports consideration of defendant's background)