Commonwealth v. Shawver
18 A.3d 1190
| Pa. Super. Ct. | 2011Background
- Appellant Jeremy Shawver was arrested for DUI on April 12, 2008 and accepted ARD on July 22, 2008.
- During ARD, on October 3, 2009, Shawver was arrested for another DUI offense.
- On February 16, 2010 Shawver was removed from ARD and pled guilty to both the April 2008 and October 2009 DUI charges.
- On April 13, 2010 the trial court sentenced Shawver for the October 2009 DUI as a second-time offender under § 3804.
- Shawver challenged § 3806 as violating equal protection; the court conducted rational-basis review and affirmed the sentence.
- The court concluded § 3806, including ARD, is rationally related to legitimate state interests in deterring recidivism and protecting public safety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3806 violates equal protection. | Shawver argues ARD counts as a prior disposition creating disparate treatment. | Shawver contends rational-basis analysis applies; statute reasonably classifies prior dispositions. | No; § 3806 survives rational-basis scrutiny. |
| Whether Shawver could be sentenced as a second-time offender for the October 2009 DUI. | Shawver asserts ARD should not count as prior for sentencing. | Haag v. Commonwealth controls, ARD counts as prior under § 3806. | Yes; Shawver was properly sentenced as a second-time offender. |
Key Cases Cited
- Commonwealth v. Bullock, 590 Pa. 480, 913 A.2d 207 (2006) (2006) (presumption of constitutionality for statutes; strong deference to legislative enactments)
- In re C.C.J., 799 A.2d 116 (Pa.Super.2002) (2002) (appellate review of constitutional challenges to statutes; de novo standard)
- Commonwealth v. McCoy, 895 A.2d 18 (Pa.Super.2006) (2006) (recidivist/statutory classification reviewed under rational basis)
- Commonwealth v. Bell, 512 Pa. 334, 516 A.2d 1172 (1986) (1986) (equal protection where classifications are not based on fundamental rights)
- Commonwealth v. Stinnett, 356 Pa.Super. 83, 514 A.2d 154 (1986) (1986) (recidivist statutes reviewed under rational basis)
- Commonwealth v. Jarowecki, 604 Pa. 242, 985 A.2d 955 (2009) (2009) (recidivist sentencing logic; second/offense concept clarified)
- Commonwealth v. Haag, 603 Pa. 46, 981 A.2d 902 (2009) (2009) (define when a subsequent offense can be sentenced as second-time offense)
- Commonwealth v. Hilliar, 943 A.2d 984 (Pa.Super.2008) (2008) (DUI classifications not implicating fundamental rights; rational basis applied)