Commonwealth v. Gonzalez
10 A.3d 1260
| Pa. Super. Ct. | 2010Background
- Gonzalez was arrested in March 2006 for drug activity and possessed 52 heroin packets (1.216 g) at arrest.
- On September 11, 2008, Gonzalez pled guilty to possession with intent to deliver heroin; a pre-sentence report noted a prior F2 burglary conviction.
- On January 23, 2009, the trial court imposed a sentence of 2.5 to 6 years and denied RRRI minimum designation.
- Gonzalez petitioned to modify sentence seeking RRRI eligibility; the court denied and Gonzalez appealed.
- The issue on appeal was whether Gonzalez's prior F2 burglary could be considered history of violent behavior under RRRI, affecting eligibility; the Superior Court vacated the sentence and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an F2 burglary qualifies as history of violent behavior for RRRI eligibility | Gonzalez argues F2 burglary is not violent behavior and does not disqualify RRRI | Commonwealth contends F2 burglary can reflect violent history under RRRI | F2 burglary should not disqualify RRRI; vacate judgment and remand for resentencing |
Key Cases Cited
- Commonwealth v. Van Aulen, 952 A.2d 1183 (Pa. Super. 2008) (statutory construction review is plenary; interpret provisions together)
- Commonwealth v. Hansley, 994 A.2d 1150 (Pa. Super. 2010) (RRRI eligibility interpreted with related statutory scheme)
- Commonwealth v. Pruitt, 951 A.2d 307 (Pa. 2008) (burglary viewed as violent crime for certain aggravating purposes; informs burglary's violence history)