Commonwealth v. Furness
153 A.3d 397
| Pa. Super. Ct. | 2016Background
- On July 20, 2012, homeowner Christopher Babiarz observed Paul Furness at a rear window attempting to pry it open with a screwdriver; Furness fled when seen. Tools were recovered on the porch and photographed.
- Furness was tried and convicted of attempted burglary, criminal trespass, and possessing instruments of crime. The trial court initially sentenced him to an aggregate term, then resentenced to 10–20 years (attempted burglary), consecutive 2.5–5 years (criminal trespass), and 5 years probation (instruments).
- Furness appealed, raising sufficiency of evidence for criminal trespass, merger/illegal sentence issues, weight of the evidence, and constitutionality/Alleyne challenge to the mandatory-minimum statute, 42 Pa.C.S. § 9714.
- The Superior Court reviewed whether insertion of a tool into a window satisfied the statutory “entry” element of criminal trespass under 18 Pa.C.S. § 3503(a)(1)(ii).
- The court found the evidence showed surface indenting/scratch marks but no proof the tool (or any portion) protruded entirely through the outer boundary into the interior.
- The court reversed Furness’s criminal trespass conviction, vacated the remaining sentences for resentencing, affirmed denial of the weight claim, and rejected Furness’s Alleyne-based challenge to § 9714 given controlling precedent.
Issues
| Issue | Plaintiff's Argument (Furness) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Sufficiency of evidence for criminal trespass (entry) | No entry: only yard/window exterior damaged; tool did not enter interior; backyard not a separate occupied structure | Tool was inserted into gap to pry lock; reasonable to infer part of tool entered interior | Reversed trespass conviction — evidence insufficient because no proof tool or part thereof protruded entirely into interior |
| Merger / illegal sentence between burglary and trespass | Burglary and trespass must merge for sentencing under Jones | (Not reached after reversal) | Not addressed because trespass conviction reversed |
| Weight of the evidence for convictions | Verdict shocks conscience; identification weak; alibi witnesses | Jury credited eyewitness and officer testimony; corroborating detective evidence | Trial court did not abuse discretion; weight claim denied for remaining convictions |
| Mandatory-minimum under 42 Pa.C.S. § 9714 (Alleyne challenge) | Jury did not find prior-conviction fact beyond reasonable doubt; § 9714 may be unconstitutional post-Alleyne | Alleyne preserves the Almendarez-Torres prior-conviction exception; Reid and controlling precedent validate § 9714 procedure | Section 9714 application upheld; sentence not illegal where prior conviction uncontested and notice provided; claim denied |
Key Cases Cited
- Commonwealth v. Giddings, 686 A.2d 6 (Pa. Super. 1996) (entry may be satisfied by instrument used to breach exterior)
- Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006) (plurality) (discussing merger of burglary and trespass for sentencing)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (any fact that increases mandatory minimum is an element to be found by a jury, with prior-conviction exception noted)
- Almendarez-Torres v. United States, 523 U.S. 224 (U.S. 1998) (prior-conviction exception treating prior convictions as sentencing factors)
- Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. 2015) (upholding § 9714 as consistent with Alleyne where increases are based on prior convictions)
- Commonwealth v. Bragg, 133 A.3d 328 (Pa. Super. 2016) (noting Pennsylvania Supreme Court granted review on § 9714 constitutionality)