Commonwealth v. Smith
151 A.3d 1100
| Pa. Super. Ct. | 2016Background
- On Sept. 17, 2014, Jonathan N. Smith drove after drinking (5–7 drinks) to transport three passengers to obtain crack cocaine; while distracted he struck a pedestrian in a well‑lit crosswalk, causing severe, permanent injuries.
- Smith fled the scene and later falsely reported his car stolen; he ultimately admitted to the hit‑and‑run and his intoxication in a handwritten statement.
- He pleaded guilty to aggravated assault and DUI; at sentencing the Commonwealth asked the court to apply the deadly weapons enhancement (DWE) under the Pennsylvania sentencing guidelines.
- The trial court declined to apply the DWE, concluding there was no evidence Smith intended to use the vehicle as a weapon and that he was using the car as transportation when the accident occurred.
- The Commonwealth appealed the discretionary aspect of sentencing, arguing Buterbaugh requires application of the DWE when a vehicle is used in a way capable of producing death or serious bodily injury, regardless of intent.
Issues
| Issue | Commonwealth's Argument | Smith's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not applying the deadly weapons enhancement (DWE) for use of an instrumentality (motor vehicle) | Buterbaugh means the DWE applies when a vehicle is used in a manner capable of causing death/serious injury; intent to weaponize is not required for the "use" provision | Vehicle was used merely as transportation; Smith was reckless and distracted but had no intent to use it as a weapon, so DWE should not apply | Affirmed: DWE not applied because the defendant did not intend to use the vehicle as a deadly weapon and surrounding circumstances did not show weaponized use |
Key Cases Cited
- Commonwealth v. Buterbaugh, 91 A.3d 1247 (Pa. Super. 2014) (en banc) (held a vehicle can be an "instrumentality" under the DWE when used to produce death or serious injury)
- Commonwealth v. Dodge, 77 A.3d 1263 (Pa. Super. 2013) (discretionary‑aspect sentencing appeal standards and preservation rules)
- Commonwealth v. Zeigler, 112 A.3d 656 (Pa. Super. 2015) (abuse of discretion standard and statutory limits on appellate review of sentencing)
- Commonwealth v. Rhoades, 8 A.3d 912 (Pa. Super. 2010) (items not ordinarily deadly can become so based on use)
- Commonwealth v. Burns, 568 A.2d 974 (Pa. Super. 1990) (previous holding that motor vehicles were not weapons; later overruled by Buterbaugh)
- Commonwealth v. Bowen, 612 A.2d 512 (Pa. Super. 1992) (trial judge must apply DWE where applicable)