Commonwealth v. Cullen-Doyle
133 A.3d 14
| Pa. Super. Ct. | 2016Background
- Between Nov 4 and Dec 5, 2013, Sean Cullen-Doyle burglarized multiple residences; he pleaded guilty on Aug 26, 2014 to one count of first-degree burglary and five counts of criminal conspiracy to commit first-degree burglary.
- The Commonwealth withdrew remaining charges; the court sentenced Cullen-Doyle to 3–6 years for burglary plus consecutive probationary terms for the conspiracy convictions.
- Defense counsel requested sentencing under the Risk Recidivism Reduction Incentive (RRRI) Act; the trial court found Cullen-Doyle ineligible and denied reconsideration.
- The trial court’s denial referenced the Supreme Court decision in Commonwealth v. Chester and (uncertainly) a prior burglary conviction; parties agreed the record need not be remanded to resolve any prior-conviction ambiguity.
- Cullen-Doyle appealed, arguing a single first-degree burglary conviction does not constitute a “history of present or past violent behavior” that disqualifies RRRI relief.
Issues
| Issue | Appellant's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether a single first-degree burglary conviction constitutes a “history of present or past violent behavior” under 61 Pa.C.S.A. § 4503(1), disqualifying RRRI eligibility | A single burglary conviction is not a "history" of violent behavior; Chester involved multiple convictions and does not control single-conviction cases; RRRI's rehabilitative purpose indicates leniency for first-time offenders | First-degree burglary is a crime of violence; Chester treats burglary as violent behavior and supports denial of RRRI even absent clarification of prior records | Affirmed: a single first-degree burglary conviction is sufficient to demonstrate disqualifying violent behavior; trial court did not abuse discretion in denying RRRI relief |
Key Cases Cited
- Commonwealth v. Chester, 101 A.3d 56 (Pa. 2014) (construed RRRI disqualification; held first-degree burglary constitutes "violent behavior" and multiple convictions satisfy "history")
- Commonwealth v. Gonzalez, 10 A.3d 1260 (Pa. Super. 2010) (discussed broader statutory language "violent behavior" and noted the term could encompass non-conviction conduct)