Commonwealth v. Matteson
96 A.3d 1064
| Pa. Super. Ct. | 2014Background
- Matteson was convicted by a jury of aggravated indecent assault of a child less than 13, indecent assault of a person less than 13, and corruption of minors.
- The trial court sentenced him to 120 to 240 months for aggravated indecent assault under the mandatory minimum provision 42 Pa.C.S.A. § 9718(a)(3) after the Commonwealth requested the minimum sentence.
- Matteson timely appealed, and the trial court directed a Rule 1925(b) Concise Statement, which he filed.
- On appeal, he argues Alleyne requires jury findings for any fact increasing penalty and challenges the constitutionality of § 9718.
- The victim testified she was 11 at the time; the jury was instructed to find the victim under 13, and the verdict established this element.
- The court affirmed the judgment of sentence, holding Alleyne does not render the sentence illegal because the jury found the necessary element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Alleyne and mandatory minimums | Matteson argues Alleyne requires jury findings for facts increasing penalty. | Commonwealth contends the jury found the necessary element (age under 13). | Alleyne not violated; element found by the jury sustains the minimum. |
| Constitutionality of § 9718 | Matteson asserts § 9718 is unconstitutional under Alleyne. | Commonwealth relies on the jury’s proof of the element under 13 and proper application of the statute. | Statute not unconstitutional given the jury found the requisite element; sentence affirmed. |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (any fact increasing penalty must be submitted to a jury and proved beyond a reasonable doubt)
- Commonwealth v. Watley, 81 A.3d 108 (Pa. Super. 2013) (Alleyne effects on Pennsylvania mandatory minimum statutes; certain sentences valid where element found by jury)
- Commonwealth v. Munday, 78 A.3d 661 (Pa. Super. 2013) (legality of sentence; challenge may be raised as a right)
- Commonwealth v. Robinson, 931 A.2d 15 (Pa. Super. 2007) (jurisdiction to entertain non-waivable legal challenges to sentences)