Commonwealth v. Flaherty
89 A.3d 286
| Pa. Super. Ct. | 2014Background
- Timothy Flaherty, a disabled veteran with diagnosed PTSD and bipolar disorder, pleaded guilty to multiple DUI-related offenses and was sentenced to 1 year + 90 days to 5 years in the Pike County Correctional Facility; the sentencing order stated the court would retain jurisdiction for parole.
- The trial court granted Flaherty a 45-day furlough to attend an inpatient PTSD treatment program in New York, with conditions; the Commonwealth moved to rescind based on a (later-rescinded) Dauphin County bench warrant; the furlough was reinstated.
- Flaherty completed the 45-day program and obtained a subsequent extension of the furlough; the Commonwealth appealed the initial furlough orders and the extension.
- The Commonwealth argued the trial court lacked statutory authority to furlough an offender whose maximum sentence is five years ( §9813 applies only to sentences "less than five years").
- The trial court relied on Vehicle Code provisions (§3804, §3815) granting county confinement and parole authority for some DUI offenders; the Superior Court reviewed statutory construction and reversed the furlough orders.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Flaherty) | Held |
|---|---|---|---|
| 1. Whether a sentencing court may furlough an offender serving a county sentence with a maximum term of five years | §9813 permits furloughs only for sentences "less than five years," so the trial court lacked authority to furlough a defendant with a five-year maximum | The court's retained parole authority under the Vehicle Code (§3815) and the county confinement exception (§3804) allow the sentencing court to furlough an offender it supervises | Reversed: §9813 does not authorize furloughs for maximum sentences of five years; trial court lacked authority to grant the furlough |
| 2. Whether mandatory-minimum and prior-DUI rules (intermediate punishment ineligibility) bar furlough/parole | Flaherty is subject to a one-year mandatory minimum and ineligible for intermediate punishment because one conviction constitutes a fourth DUI within ten years; thus restrictions apply | Flaherty argued county parole authority and treatment needs justify furlough | Not reached: Majority did not decide this issue because resolution of Issue 1 was dispositive |
Key Cases Cited
- Commonwealth v. Williams, 871 A.2d 254 (Pa. Super. 2005) (standard of review for statutory interpretation)
- Commonwealth v. Mefford, 863 A.2d 1206 (Pa. 2004) (statute conditions furlough jurisdiction on county commitment and sentence less than five years)
- Commonwealth v. Hansley, 47 A.3d 1180 (Pa. 2012) (rules for construing statutes in pari materia and resolving conflicts)
- Commonwealth v. Kehoe, 863 A.2d 1202 (Pa. Super. 2004) (mootness exception where issue is capable of repetition yet evades review)
- Commonwealth v. Benn, 680 A.2d 896 (Pa. Super. 1996) (similar mootness doctrine application)