Commonwealth v. Poplawski
158 A.3d 671
| Pa. Super. Ct. | 2017Background
- George Poplawski was convicted by a jury of home improvement fraud for retaining an advance payment of $2,000 or less after failing to perform contracted work; he was acquitted of related theft and deceptive business-practice charges.
- Initial sentence (Jan. 9, 2015) imposed 18 months probation; restitution was not set at that hearing.
- A separate restitution hearing (Jan. 28, 2015) resulted in an order for $41,637 in restitution.
- This Court vacated the sentence and remanded for resentencing because restitution must be imposed at sentencing (prior unpublished memorandum).
- At resentencing (May 2, 2016) the trial court again imposed 18 months probation and $41,637 restitution based on trial testimony that a contractor billed that amount to fix the work.
- Poplawski appealed, arguing the restitution award lacked the required causal connection to the crime and was speculative/unsupported by the record; the Superior Court vacated the restitution order and remanded for resentencing.
Issues
| Issue | Poplawski's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Legality of $41,637 restitution | No causal connection between crime (retained advance ≤ $2,000) and $41,637 loss | Restitution supported by trial testimony and contractor bills showing but-for loss | Restitution vacated: no direct causal link to convicted offense |
| Sufficiency/support for restitution amount | Amount speculative and unsupported by record | Jury heard contractor testimony; sentencing court may rely on that evidence | Amount unsupported: jury had same evidence and acquitted on related fraud; sentencing court may not exceed jury verdict absent new evidence |
Key Cases Cited
- Commonwealth v. Dohner, 725 A.2d 822 (Pa. Super. 1999) (restitution limited to loss directly resulting from criminal conduct and must be supported by the record)
- Commonwealth v. Harriott, 919 A.2d 234 (Pa. Super. 2007) (restitution proper only where loss flows from conduct forming basis of convicted crime)
- Commonwealth v. Wright, 722 A.2d 157 (Pa. Super. 1998) (sentencing court may order restitution beyond jury’s damage finding when additional loss evidence was unavailable to jury at trial)