Commonwealth v. Greene
25 A.3d 359
| Pa. Super. Ct. | 2011Background
- Greene was convicted of aggravated assault and simple assault for attacking his girlfriend.
- The trial court sentenced Greene to life imprisonment under 42 Pa.C.S. § 9714 based on two prior Massachusetts convictions.
- The two Massachusetts convictions were 1977 unarmed robbery (Mass. Gen. Laws ch. 265, § 19) and 1985 simple assault with intent to rob (Mass. Gen. Laws ch. 265, § 20).
- Appellant challenged the use of those Massachusetts convictions as substantially equivalent to Pennsylvania crimes of violence under § 9714(g).
- This Court previously remanded for resentencing to identify which Massachusetts convictions were used; on remand the court again sentenced Greene to life imprisonment, concluding the Massachusetts offenses were equivalent to Pennsylvania robbery crimes of violence.
- The Superior Court vacated the sentence, holding the Massachusetts offenses are not substantially equivalent to Pennsylvania crimes of violence and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the Massachusetts §19 unarmed robbery and §20 simple assault with intent to rob substantially equivalent to Pennsylvania robbery crimes of violence under §9714(g)? | Greene argues Massachusetts crimes are not equivalent to PA crimes of violence. | Commonwealth asserts MA §19 and §20 are substantially similar to PA robbery provisions. | Not substantially equivalent; judgment of sentence vacated and remanded. |
| Is the life sentence without parole illegal or constitutionally defective because the court relied on non-jury factual determinations? | Sentence based on out-of-state convictions; potentially unconstitutional without jury factual findings. | Recidivist statute allows recidivist sentencing based on prior offenses; no jury finding required for equivalence. | Not reached/necessary to decide after vacatur of sentence. |
| Did the trial court abuse its discretion by considering only prior record and not other factors in determining confinement length? | Twenty-five years insufficient due to age and rehabilitation efforts, etc. | Court properly focused on dangerousness and prior record within §9714 framework. | Not reached/irrelevant given remand for resentencing after holding non-equivalence. |
Key Cases Cited
- Commonwealth v. Northrip, 603 Pa. 544, 985 A.2d 734 (2009) (establishes Shaw/Northrip test for equivalence under §9714; focus on elements; strict construction)
- Commonwealth v. Shaw, 560 Pa. 296, 744 A.2d 739 (2000) (elements-based approach to comparing foreign offenses to PA offenses)
- Commonwealth v. Ward, 856 A.2d 1273 (Pa.Super.2004) (equivalence when offenses prohibit same conduct and protect from serious injury)
- Commonwealth v. Taylor, 831 A.2d 661 (Pa.Super.2003) (armed robbery substantially equivalent to PA robbery under federal reference; elements-based test)
- Commonwealth v. Moran, 387 Mass. 644, 442 N.E.2d 399 (1982) (Massachusetts unarmed robbery not inherently dangerous; not necessarily equivalent to PA crimes of violence)
- Commonwealth v. Cook, 419 Mass. 192, 644 N.E.2d 203 (1994) (Mass. felony-murder rule and unarmed robbery; force requirement not necessarily equating to grave bodily harm)
- Commonwealth v. Jones, 362 Mass. 83, 283 N.E.2d 840 (1972) (unarmed robbery elements and force constitute robbery under Mass. law)
- Commonwealth v. Zangari, 42 Mass. App. Ct. 931, 677 N.E.2d 702 (1997) (interpretation of 'force and violence' in unarmed robbery in Mass.)
- Commonwealth v. Ramos, 6 Mass.App.Ct. 955, 383 N.E.2d 526 (1978) (discusses sufficiency of 'force and violence' in assault with intent to rob)