Commonwealth v. Giron
155 A.3d 635
| Pa. Super. Ct. | 2017Background
- At ~1:25 a.m. on Feb. 12, 2015, police stopped Mario Giron after his vehicle sideswiped a parked car; officers smelled alcohol, noticed red/glassy eyes, slurred speech, and unsteadiness.
- Officers arrested Giron for suspected DUI and requested a blood sample; Giron refused to provide blood and also refused to read/sign a Spanish DL-26 form at the station.
- Commonwealth charged Giron with multiple offenses, including DUI-general impairment (with refusal) and related traffic offenses; after a non-jury trial he was convicted of second-offense DUI (with refusal) and others.
- Trial court sentenced Giron to 90 days to 5 years on the second-offense DUI count, relying on statutory enhancement for refusal to submit to chemical testing.
- On appeal, Giron challenged sufficiency and weight of the evidence; the Superior Court affirmed convictions, found the weight claim waived, but sua sponte reviewed sentence legality under Birchfield.
- Applying Birchfield, the court concluded enhanced criminal penalties for refusing a warrantless blood test are unconstitutional; because Giron was penalized for refusing blood, his sentence was illegal — convictions affirmed, sentence vacated, remanded for resentencing.
Issues
| Issue | Giron (Appellant) Argument | Commonwealth (Respondent) Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for DUI | Officers’ testimony unreliable due to language barrier and no physical/video evidence | Officer testimony alone suffices to prove DUI facts | Evidence sufficient; conviction affirmed |
| Weight of the evidence | Trial result was a miscarriage given lack of corroborating evidence/video | No preserved challenge; issue waived | Weight claim waived for failure to preserve |
| Legality of sentence for refusing chemical test | Enhanced penalties applied for refusal to give blood were improper post-Birchfield | Trial court imposed mandatory enhancement for blood-test refusal | Under Birchfield, criminal penalties cannot be imposed for refusal of a warrantless blood test; sentence illegal; vacate and remand for resentencing |
Key Cases Cited
- Birchfield v. North Dakota, 136 S.Ct. 2160 (U.S. 2016) (warrant required for compelled blood draws; breath tests may be compelled)
- Commonwealth v. Evans, 153 A.3d 323 (Pa. Super. 2016) (interpreting Pennsylvania DUI statutes to impose criminal penalties for blood-test refusal prior to Birchfield)
- Commonwealth v. Walls, 144 A.3d 926 (Pa. Super. 2016) (standard of review for sufficiency challenges)
- Commonwealth v. Stanley, 629 A.2d 940 (Pa. Super. 1993) (police officer testimony can suffice to prove DUI)