Commonwealth v. Janda
14 A.3d 147
| Pa. Super. Ct. | 2011Background
- Janda was convicted on four burglary/theft-by-unlawful-taking counts and nine counts of receiving stolen property, with an aggregate sentence of 156 to 312 months; the convictions stemmed from nine burglaries in Lehigh County from March to August 2007 within a five-to-six mile area.
- The burglaries involved different victims and various stolen items; police connected the crimes through fingerprints, CCTV of a red Chevrolet Lumina, and items identified at Janda's residence.
- Two informations were jointly filed against Janda; he moved to sever into nine separate trials, which the trial court denied.
- Following conviction and sentencing, Janda timely challenged restitution, return of property, and discretionary aspects of sentencing; the Superior Court granted relief only on restitution/return of property and remanded for issues affecting sentence.
- The court addressed eight appellate issues, largely preserving severance, suppression, evidentiary, jury, and sentencing challenges.
- The dispositive outcome was to vacate the judgment and remand for re-sentencing, due to unresolved fact-finding on a Bergen County (New Jersey) offense affecting the prior-record score and overall sentence
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of trials by victim | Janda argues for severance; improper cumulation risk | Commonwealth argues joinder appropriate for related offenses | No abuse; joinder sustained |
| Suppression of warrants | Warrants lack probable cause/specificity; stale information | Warrants supported by totality-of-circumstances; deference to magistrate | Warrants upheld; suppression denied |
| Best evidence rule adherence | Printed photos violate best evidence; memory card should have been produced | Photographs admitted; memory card not required | No reversible error; best evidence satisfied |
| Juror removal | Juror No. 12 possibly biased due to associations | Court acted within discretion to retain juror | No abuse of discretion; juror remained on panel |
| Missing-evidence instruction and cumulation of evidence | Failure to give missing-evidence instruction and improper cumulation instruction | Court instructions accurately stated law and properly framed evidence | No reversible error; no instructional error warranted |
Key Cases Cited
- Commonwealth v. Morris, 493 Pa. 164, 425 A.2d 715 (1981) (joinder risks and prejudice balancing in determining consolidation)
- Commonwealth v. Brown, 351 Pa. Super. 119, 505 A.2d 295 (1986) (severance warranted when offenses lack correlation in time/details)
- Commonwealth v. Novak, 233 Pa. Super. 236, 335 A.2d 773 (1975) (staleness of information and ongoing conduct considerations for probable cause)
- Commonwealth v. Jones, 605 Pa. 188, 988 A.2d 649 (2010) (probable cause deference; totality-of-the-circumstances standard)
- Commonwealth v. Lawley, 741 A.2d 205, 207-08 (Pa. Super. 1999) (1999) (standing to suppress based on communal living arrangements; plain view/easement)
- Commonwealth v. Keaton, 556 Pa. 442, 729 A.2d 529 (1999) (combination of distinct offenses; jury separation of evidence)
- Commonwealth v. Doranzo, 365 Pa. Super. 129, 529 A.2d 6 (1987) (for return of property; relevance of chain of custody and possession)