Commonwealth v. Robinson
128 A.3d 261
| Pa. Super. Ct. | 2015Background
- Police intervened in a domestic dispute on May 19, 2013; Officers found a loaded .357 Magnum in Robinson’s left coat pocket during a Terry pat-down after a third party privately told officers Robinson had a gun.
- Robinson was arrested; he had no license to carry the firearm. The gun’s serial number was intact.
- Owner Jeffery Schoenberger testified he last saw the gun in July 2010 and learned it was missing only after police contacted him in May 2013; he later reported it missing but did not pursue charges.
- At trial Robinson was convicted of carrying a firearm without a license (18 Pa.C.S.A. § 6106(a)(1)) and receiving stolen property (18 Pa.C.S.A. § 3925(a)).
- On appeal Robinson challenged only the sufficiency of evidence for receiving stolen property, arguing the Commonwealth failed to prove he knew or believed the gun was stolen.
- The Superior Court reversed the receiving-stolen-property conviction, vacated that sentence, and remanded for resentencing on the firearms conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Robinson knew or believed the gun was stolen | Commonwealth: circumstantial evidence (possession of stolen gun, regulation of handgun sales, lack of carry license) permits inference of guilty knowledge | Robinson: Commonwealth offered no evidence of recency or other indicia showing he knew or should have believed the gun was stolen; mere possession is insufficient | Reversed: Commonwealth failed to prove guilty-knowledge element; conviction for receiving stolen property vacated |
Key Cases Cited
- Commonwealth v. Owens, 271 A.2d 230 (Pa. 1970) (rejected presumption from unexplained possession where theft was not shown recent)
- Commonwealth v. Shaffer, 288 A.2d 727 (Pa. 1972) (permitted inference of guilty knowledge where goods were recently stolen)
- Commonwealth v. Williams, 362 A.2d 244 (Pa. 1976) (held "recency plus lack of explanation" may permit inference of guilty knowledge)
- Leary v. United States, 395 U.S. 6 (U.S. 1969) (criminal presumption unconstitutional unless fact presumed more likely than not)
- Turner v. United States, 396 U.S. 398 (U.S. 1970) (same principle limiting evidentiary presumptions)
- Barnes v. United States, 412 U.S. 837 (U.S. 1973) (discussing limits on inferences from unexplained possession)
- Commonwealth v. Nero, 58 A.3d 802 (Pa. Super. 2012) (elements of receiving stolen property defined)
- Commonwealth v. Pruitt, 951 A.2d 307 (Pa. 2008) (culpable mental states may be inferred from circumstantial evidence)