Commonwealth v. Parsons
166 A.3d 1242
| Pa. Super. Ct. | 2017Background
- Parsons was arrested for suspected DUI (and related offenses) after a traffic stop; charged via information in April 2016. He was released on recognizance bail after vacating a bench warrant.
- At a June 16/20, 2016 court appearance the trial court refused to proceed with a plea and instead modified Parsons’ bail to require a Court Reporting Network (CRN) evaluation.
- Parsons moved for reconsideration (denied) and filed a notice of appeal, which this Court construed as a petition for review of a bail order under Pa.R.A.P. 1762(b)(2).
- Parsons sought review of two issues: (1) whether the trial court had jurisdiction over his criminal case; and (2) whether the court erred by ordering a CRN evaluation as a condition of bail.
- The Superior Court held it had jurisdiction to review the bail-order challenge but not the separate jurisdictional challenge; it addressed statutory and rule-based authority for ordering CRN evaluations pre-conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order requiring a CRN evaluation as a bail condition was appealable | Parsons argued the bail modification was appealable and timely; he challenged the requirement | Commonwealth argued the appeal was interlocutory/untimely | Court treated notice as a petition for review under Pa.R.A.P. 1762(b)(2); petition was timely and reviewable as to bail modification |
| Whether 75 Pa.C.S.A. § 3816 requires CRN evaluation pre-conviction | Parsons argued § 3816 does not mandate pre-conviction evaluations | Commonwealth/trial court argued § 3816 compelled evaluation before plea or sentencing | Court held § 3816 requires CRN evaluation only after conviction or offer of ARD, not merely on charge |
| Whether Pa.R.Crim.P. 527 permits requiring a CRN evaluation as a nonmonetary bail condition | Parsons argued Rule 527 limits nonmonetary conditions to ensuring appearance/compliance, excluding CRN evaluations | Commonwealth/trial court argued Rule 527 or its comment permits conditions like evaluation/testing | Court held Rule 527 does not authorize ordering a CRN evaluation as a bail condition because such evaluations are not directed to ensuring appearance/compliance |
| Whether the trial court’s local practice (pre-adjudication CRN for efficiency) justified the bail condition | Parsons argued individual rights cannot be subordinated to efficiency; CRN is optional pre-conviction | Trial court/commercial interest argued efficiency and Taylor decision support pre-sentencing evaluations to enable immediate sentencing | Court held judicial efficiency cannot override statute/rules; pre-conviction mandatory CRN is not authorized |
Key Cases Cited
- Commonwealth v. Jones, 899 A.2d 353 (Pa. Super. 2006) (treat an improperly filed notice of appeal as a petition for review under Rule 1762)
- Commonwealth v. Taylor, 104 A.3d 479 (Pa. 2014) (CRN evaluation required before sentencing a convicted DUI defendant)
- Commonwealth v. Sloan, 907 A.2d 460 (Pa. 2006) (bail conditions may protect victims, witnesses, and community)
- Commonwealth v. Baker, 690 A.2d 164 (Pa. 1997) (interpretation of criminal procedure rules looks to Supreme Court intent; plain language controls)
- Commonwealth v. Richards, 128 A.3d 786 (Pa. Super. 2015) (application of expressio unius canon in construing rules)