Commonwealth v. Mentzer
18 A.3d 1200
| Pa. Super. Ct. | 2011Background
- Mentzer was charged with DUI general impairment (first offense) on December 11, 2008.
- A jury found him guilty on January 29, 2010; sentencing was set for February 16, 2010.
- The probation department discovered a Maryland DUI from 2006, making this a second-offense under Pennsylvania law.
- The Commonwealth moved to amend the information at sentencing to add DUI as a second offense.
- The court granted the amendment; sentencing on March 18, 2010 imposed 4 to 60 months.
- Post-sentence motions were denied and Mentzer appealed challenging the amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amendment after conviction but before sentencing increased grading and sentence | Mentzer: amendment creates a new offense with higher grading | Commonwealth: amendment permitted if same elements and no prejudice | Amendment proper; no prejudice; affirmed |
Key Cases Cited
- Commonwealth v. Roser, 914 A.2d 447 (Pa. Super. 2006) (prejudice-focused factors for amendment)
- Commonwealth v. Page, 965 A.2d 1212 (Pa. Super. 2009) (same elements and factual basis allow upgrade)
- Commonwealth v. Sinclair, 897 A.2d 1218 (Pa. Super. 2006) (purpose of Rule 564 to avoid prejudice and ensure notice)
- Commonwealth v. Davalos, 779 A.2d 1190 (Pa. Super. 2001) (amendment procedure and prejudice considerations)
- Commonwealth v. Aponte, 855 A.2d 800 (Pa. 2004) (prior conviction may be proven from record)
- Commonwealth v. Picchianti, 410 Pa. Super. 563 (Pa. Super. 1991) (prejudice not presumed from harsher penalty via amendment)
- Commonwealth v. Reagan, 502 A.2d 702 (Pa. Super. 1985) (amendment of information context)