Commonwealth v. Knox
165 A.3d 925
| Pa. Super. Ct. | 2017Background
- In 2007 Devon Knox (age 17) and his twin attempted to carjack Jehru Donaldson; Donaldson was shot and killed during the incident. Devon was convicted of second-degree murder and originally sentenced to life without parole.
- This court previously vacated that sentence under Miller-related authority and remanded for re‑sentencing; on remand the trial court imposed 35 years to life.
- At trial two juvenile eyewitnesses identified the twins as the carjackers but gave inconsistent and uncertain testimony about which twin fired the fatal shots.
- The prosecutor argued that identity of the shooter mattered for first‑degree murder but not for second‑degree murder if both brothers participated in the robbery.
- On appeal Devon contended the evidence was insufficient to support a second‑degree murder conviction absent a finding he was the shooter, and he argued appellate counsel was ineffective for not raising that sufficiency claim earlier.
- Devon also challenged the discretionary aspects of the 35‑year minimum sentence as manifestly excessive and argued the court ignored mitigating youth/mental‑health factors.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Knox) | Held |
|---|---|---|---|
| Sufficiency of evidence to support second‑degree murder | Evidence and inferences support conviction even if identity of shooter uncertain because both brothers participated in the robbery and death was a natural consequence | Insufficient: jury made no specific finding shooter identity; if Devon was not shooter, Commonwealth failed to prove second‑degree murder as Jovon's shooting was not a foreseeable consequence of their plan | Court declined to reach merits on direct appeal; claim waived for direct review and must await collateral review of appellate‑counsel ineffectiveness |
| Ineffectiveness of prior appellate counsel (raising sufficiency) | N/A (Commonwealth opposed entertaining ineffectiveness claim on direct appeal) | Trial counsel ineffective for not challenging sufficiency on prior appeal; makes claim ripe for direct review | Court holds ineffectiveness claims presumptively for collateral review; exception requires claim to be meritorious and apparent on record and an express waiver of right to timely PCRA—no waiver here, so claim not ripe on direct appeal |
| Discretionary‑aspects of sentence (35 years to life) | Sentence was appropriate given severity; court considered aggravation including victim impact and Devon’s juvenile delinquency and conduct | Sentence manifestly excessive; trial court focused only on seriousness of crime and ignored youth, mental health, and rehabilitation potential | Court finds appellant preserved issue and raised a substantial question; but sentencing court had PSI, considered Batts factors, and did not abuse discretion — sentence affirmed |
Key Cases Cited
- Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013) (trial courts must consider youth‑related factors at juvenile re‑sentencing)
- Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013) (ineffectiveness claims presumptively reserved for collateral review; narrow exception when claim is meritorious and apparent on record and defendant waives PCRA right)
- Commonwealth v. Hallock, 603 A.2d 612 (Pa. Super. 1992) (presumption that sentencing court considered PSI and relevant mitigating information)
- Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (four‑part test for appellate jurisdiction over discretionary aspects of sentence)
- Commonwealth v. Caldwell, 117 A.3d 763 (Pa. Super. 2015) (claim that sentencing court relied solely on crime seriousness can raise substantial question)