Commonwealth v. Pombo
26 A.3d 1155
| Pa. Super. Ct. | 2011Background
- Pom bo was convicted by jury of DUI-related offenses and other drug offenses on July 14, 2010.
- At sentencing, the Commonwealth sought a one-year mandatory minimum based on prior convictions, including 2007 NY DWAI and 2008 NY DWI.
- The trial court considered only the 2008 NY DWI conviction and imposed a 90-day minimum sentence on the DUI count.
- The Commonwealth appealed, arguing the 2007 NY DWAI conviction should be treated as a prior offense for the mandatory minimum.
- The court below relied on Shaw to disregard the 2007 NY DWAI, while the defense urged application of the definitional change in 75 Pa.C.S.A. § 3806 and Northrip.
- The Superior Court held that 75 Pa.C.S.A. § 3806 defines 'prior offense' to include substantially similar offenses and vacated the sentence, remanding for resentencing with a one-year minimum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NY DWAI qualifies as a prior offense for 3804 minimums | Pom bo argues NY DWAI is substantially similar, merits enhanced minimum. | Pom bo contends Shaw governs equivalence; 3806 replaced 'equivalent' with 'substantially similar'. | Yes; NY DWAI may be prior offense for minimum |
| Whether the sentencing court erred by excluding the 2007 NY conviction | Commonwealth contends 2007 conviction should be counted. | Pombo argues Shaw controls and 2007 is not prior for minimum. | Illegal sentence; must include 2007 conviction |
| Effect of § 3806 on prior offense definition for DUI cases | Commonwealth relies on substantial similarity standard to enhance sentences. | Pom bo emphasizes statutory replacement of 'equivalent' with 'substantially similar'. | § 3806 defines prior offense broadly to include substantial similarity |
| Relation to Northrip and legislative revision | Northrip supports substantial similarity approach. | Defendants claim Shaw remains controlling notwithstanding Northrip. | Northrip supports updated reading; Shaw disallowed |
| Result of illegal sentence ruling | Remand for proper mandatory minimum under revised statute. | No counterpoint beyond preserving rights for resentencing. | Judgment vacated; remanded for resentencing with 1-year minimum |
Key Cases Cited
- Commonwealth v. Bowers, 25 A.3d 349 (Pa.Super.2011) (illegality of sentences reviewed for proper statutory authorization)
- Wroblewski v. Commonwealth, 809 A.2d 247 (Pa. 2002) (DWAI substantially similar to DUI for license/revocation purposes)
- Commonwealth v. Shaw, 744 A.2d 739 (Pa.2000) (Shaw's equivalence test for prior offenses)
- Commonwealth v. Northrip, 985 A.2d 734 (Pa.2009) (recognizes revised framework comparing impairments across jurisdictions)
- Commonwealth v. Means, 773 A.2d 143 (Pa.2001) (statutory interpretation regarding legislative intent guidance)