Commonwealth v. Mebane
58 A.3d 1243
| Pa. Super. Ct. | 2012Background
- Commonwealth appeals a judgment enforcing a plea agreement with Me-bane after the prosecutor reneged before presenting it to the court.
- Plea offer waived mandatory sentence in exchange for Me-bane serving 11.5–23 months with housing/work-release options; offer communicated by defense counsel and accepted by Me-bane.
- Suppression ruling on contraband was issued Feb. 5, 2010, but neither party received notice or copies of the ruling.
- On July 8, 2010, the plea hearing occurred after the offer, but the prosecutor allegedly learned of the ruling prior to disclosure and did not inform defense counsel.
- Prosecutor reneged at the July 8, 2010 proceeding; trial court found the plea enforceable in the interest of justice due to fairness concerns and ordered sentencing per the agreement.
- Commonwealth contends the sentence is illegal because the prosecutor’s withdrawal before presentation should have triggered a mandatory minimum; court disagrees, upholding enforcement and legality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether enforcement of the plea agreement was proper | Mebane argues no right to enforceability since not presented in open court. | Commonwealth asserts enforcement is required only if the agreement exists in record; Porreca/McElroy provide rigidity. | Enforcement upheld as discretionary in the interest of justice. |
| Whether enforcing the plea violated the mandatory minimum sentence | Commonwealth argues the plea prevented imposition of mandatory minimum only if not enforced. | Mebane benefited from the promise not to invoke the minimum; enforcing the plea does not violate law. | Enforcement does not render sentence illegal; agreement included waiver not to invoke the minimum. |
Key Cases Cited
- Santobello v. New York, 404 U.S. 257 (U.S. Supreme Court 1971) (promises in plea negotiations must be fulfilled)
- Mabry v. Johnson, 467 U.S. 504 (U.S. Supreme Court 1984) (pre-plea withdrawal of offer; due process not implicated when no unfulfilled promise)
- Commonwealth v. Spence, 627 A.2d 1176 (Pa. 1993) (pre-plea rights and enforcement of agreements; est. limits on specific performance)
- Commonwealth v. McElroy, 665 A.2d 813 (Pa. Super. Ct. 1995) (interpretation of Pa.R.Crim.P. 590; plea agreements and open-court memorialization)
- Commonwealth v. Porreca, 595 A.2d 23 (Pa. 1991) (pre-open-court existence of plea agreement; cited regarding when agreement exists)
- Commonwealth v. Parsons, 969 A.2d 1259 (Pa. Super. Ct. 2009) (plea bargaining framework and rule 590 guidance)