Commonwealth v. Dawson
87 A.3d 825
| Pa. Super. Ct. | 2014Background
- Appellant Derrick D. Dawson was charged in multiple 2011 and 2012 cases with possession with intent to deliver, criminal use of a communication facility, and related offenses; eight 2012 cases were severed from three 2011 cases by the trial court.
- The Commonwealth initially joined all 11 docket numbers, but Dawson successfully moved for severance of the 2011 charges.
- The three 2011 cases proceeded to jury trial and Dawson was convicted on all charges except two counts of criminal conspiracy.
- The eight 2012 cases were tried separately after severance and Dawson challenged them on compulsory joinder and double jeopardy grounds.
- Dawson appealed the May 9, 2013 denial of his motion to dismiss the remaining charges; the Superior Court affirmed.
- The court found Dawson waived his compulsory‑joinder and double jeopardy arguments by his prior severance request and conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying dismissal for compulsory joinder and double jeopardy. | Dawson argues all 11 cases should have been joined and tried together. | The Commonwealth should not be barred; Dawson waived by severance and related conduct. | Waiver barred reversal; denial affirmed. |
Key Cases Cited
- Commonwealth v. Simmer, 814 A.2d 696 (Pa. Super. 2002) (waiver of section 110 in certain circumstances)
- Commonwealth v. Johnson, 466 A.2d 636 (Pa. Super. 1983) (waiver of consolidation rights for charges arising from same episode)
- Commonwealth v. Cicconi, 653 A.2d 40 (Pa. Super. 1995) (waiver where defendant sought separate trials despite case circumstances)
- Commonwealth v. Fithian, 599 Pa. 180 (Pa. 2008) (compulsory joinder rule analyzed; waiver considerations noted)
- Commonwealth v. Minnis, 83 A.3d 1047 (Pa. Super. 2014) (en banc; double jeopardy considerations in post‑trial context)