Commonwealth v. Jenkins
96 A.3d 1055
| Pa. Super. Ct. | 2014Background
- Jenkins and co-defendant attacked Anthony Caracillo on July 9, 2011 after asking him for money; Caracillo was punched, knocked to the ground, restrained, had a foot pressed on his face, and had property taken (wallet).
- Jenkins was convicted by jury of Robbery — Bodily Injury (18 Pa.C.S. § 3701(a)(1)(iv)), Criminal Conspiracy to Robbery, and Simple Assault (18 Pa.C.S. § 2701(a)(1)).
- Trial court sentenced Jenkins to 3½ to 7 years and denied his post-sentence motion arguing simple assault merged with robbery.
- Jenkins appealed, raising a single issue: whether the convictions for robbery and simple assault must merge for sentencing.
- The Commonwealth’s charging documents described discrete conduct: an initial punching (basis for simple assault) and subsequent restraint/search/pressing the victim’s head into concrete (part of robbery charge).
- The trial court and this panel concluded the convictions arose from multiple criminal acts, so merger under 42 Pa.C.S. § 9765 was inappropriate.
Issues
| Issue | Jenkins' Argument | Commonwealth/Trial Court Argument | Held |
|---|---|---|---|
| Whether simple assault and robbery must merge for sentencing | Simple assault merges into robbery; separate sentence for assault is illegal | Charges reflect multiple acts (initial punches vs. later restraint/pressing head) so crimes arise from separate criminal acts and do not merge | Convictions do not merge; separate sentences permissible |
Key Cases Cited
- Commonwealth v. Jones, 912 A.2d 815 (plurality opinion discussing practical/hybrid merger test)
- Commonwealth v. Baldwin, 985 A.2d 830 (statutory elements test under 42 Pa.C.S. § 9765 controls merger)
- Commonwealth v. Anderson, 650 A.2d 20 (pre-§9765 discussion of multiple acts and merger principles)
- Commonwealth v. Weakland, 555 A.2d 1228 (multiple criminal acts beyond what is necessary to establish a lesser offense prevent merger)
- Commonwealth v. Comer, 716 A.2d 593 (look to elements as charged when assessing single act supporting multiple convictions)
- Commonwealth v. Collins, 764 A.2d 1056 (narrow examination of statutory elements as charged)
- Commonwealth v. Ousley, 21 A.3d 1238 (example where aggravated assault and robbery did not merge because independent acts supported robbery)