Commonwealth v. Mendozajr
71 A.3d 1023
| Pa. Super. Ct. | 2013Background
- March 24, 2011: a shooting occurred; victim Michael Bivens was found with a gunshot wound and a nearby vehicle (driven by Appellee Manuel Mendoza) had bullet holes.
- Police recovered a silver/black Ruger .45 (obliterated serial number) near the driver and a 9mm on the passenger side; ballistics matched .45 casings from the scene to the recovered .45.
- Mendoza gave statements: initially claimed he found/placed the gun in the car; later admitted firing the .45 toward where his friend was being shot.
- Mendoza entered open guilty pleas to 18 Pa.C.S. § 6106 (carrying a firearm without a license) charged as a third-degree felony, and to § 6108 (carrying firearms on public streets in Philadelphia) charged as a first-degree misdemeanor.
- At sentencing the trial court sua sponte downgraded the § 6106 conviction to a first-degree misdemeanor (finding Mendoza “otherwise eligible” for a license) over the Commonwealth’s objection citing Commonwealth v. Bavusa; Commonwealth appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by reclassifying §6106 from a third-degree felony to a first-degree misdemeanor when Mendoza contemporaneously pled guilty to §6108 | Commonwealth: Mendoza’s §6108 conviction is an "other criminal violation" that disqualifies misdemeanor grading under §6106; charging papers and plea put Mendoza on notice the §6106 charge was a felony | Mendoza: Court found he was "otherwise eligible" for a license and no other criminal violation should prevent misdemeanor grading; asked for probation | Court: Trial court erred — contemporaneous §6108 conviction independently precludes §6106 misdemeanor grading; vacated sentence and remanded for resentencing |
Key Cases Cited
- Bavusa v. Commonwealth, 832 A.2d 1042 (Pa. 2003) (contemporaneous §6108 violation counts as an “other criminal violation,” barring §6106 misdemeanor grading)
- Coto v. Commonwealth, 932 A.2d 933 (Pa. Super. 2007) (discussing 1997 amendment to §6106 and effect of "otherwise eligible" and "other criminal violation" language)
- Derr v. Commonwealth, 841 A.2d 558 (Pa. Super. 2004) (contemporaneous criminal violations outside Crimes Code can qualify as disqualifying "other criminal violation")
- Pantalion v. Commonwealth, 957 A.2d 1267 (Pa. Super. 2008) (sentence legality review standard)
- Catt v. Commonwealth, 994 A.2d 1158 (Pa. Super. 2010) (en banc) (overview of standard of review for grading challenges and sentencing legality)