Commonwealth v. Quintua
56 A.3d 399
| Pa. Super. Ct. | 2012Background
- Appellant Lawrence Quintua forced entry into Frank Motz's home posing as a painter and robbed Motz of wallet and money.
- Commonwealth charged Quintua with burglary, robbery, criminal trespass, REAP, simple assault, and theft by taking; jury convicted burglary, robbery, criminal trespass, REAP, and theft by taking.
- Sentencing: burglary 10–20 years, criminal trespass 2.5–5 years consecutive; robbery concurrent to burglary; aggregate sentence 12.5–25 years.
- Appellant filed post-sentence motions; appeal timely filed; 1925(b) concise statement filed.
- Appellant argues criminal trespass is a lesser included offense of burglary and should merge for sentencing.
- The issue on appeal concerns whether the burglary and criminal trespass sentences should merge under Section 9765.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether criminal trespass must merge with burglary for sentencing. | Quintua (Jones-based) argues merger. | Commonwealth contends no merger under Section 9765; Jones is inapplicable. | No merger; sentences valid and upheld. |
Key Cases Cited
- Commonwealth v. Jones, 590 Pa. 356 (2006) (plaintiff argued merger under Jones' pragmatism; Court disallowed under Baldwin lineage)
- Commonwealth v. Baldwin, 604 Pa. 34 (2009) (adopted strict elements test; no merger if both offenses have unique elements)
- Commonwealth v. Williams, 920 A.2d 887 (Pa.Super.2007) (adopts dissent-based merger approach aligning with Baldwin)
- Commonwealth v. Taggart, 997 A.2d 1189 (Pa.Super.2010) (elements-based merger analysis applied)
- Commonwealth v. Martz, 926 A.2d 514 (Pa.Super.2007) (supports split on merger; elements-based view)
- Commonwealth v. Allen, 24 A.3d 1058 (Pa.Super.2011) (merger challenge to legality of sentence)