Commonwealth v. Street
69 A.3d 628
| Pa. Super. Ct. | 2013Background
- May 22, 2009, a group on Alpine Street was shot at; Sofion Moore and his girlfriend Shavaughn Wallace were killed, Wallace unborn child also died.
- Moore later identified Appellant as the shooter after initially denying knowledge; identification came from a photo array.
- Appellant belonged to the Brighton Place Crips; Hoodtown Mafia members were in the vicinity, with prior gang violence between them.
- Appellant was charged with first-degree murder and related offenses and tried non-jury; he was convicted and sentenced to life without parole.
- On post-sentence motions, the court denied relief; the appellate court reversed the sentence as unconstitutional for a juvenile and remanded for resentencing; convictions were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of specific intent to kill | Appellant argues diminished capacity due to Ecstasy; cannot prove intent | Commonwealth says evidence supports intent beyond reasonable doubt | Sufficiency upheld; intent proven beyond reasonable doubt |
| Weight of the evidence claim | Verdict against weight of the evidence warranting new trial | Court did not abuse discretion | No abuse; weight claim rejected |
| Impeachment of alibi witness Benton by specific-instance conduct | Cross-examination proper under rule; not a professional witness | Waived theory; cross-examination improper | Waived; no relief for improper cross-examination |
| Illegal sentence for juvenile under Miller Batts remand | Mandatory LWOP for juvenile unconstitutional; remand per Batts | Batts provides remand for Miller-based resentencing | Sentence vacated; remanded for resentencing under Batts |
Key Cases Cited
- Commonwealth v. Vandivner, 962 A.2d 1170 (Pa. 2009) (elements of first-degree murder; specific intent requirement)
- Commonwealth v. Roebuck, 32 A.3d 613 (Pa. 2011) (distinguishes third-degree murder need for malice but not intent)
- Commonwealth v. Williams, 980 A.2d 510 (Pa. 2009) (defines specific elements of murder degrees)
- Commonwealth v. Hutchinson, 25 A.3d 277 (Pa. 2011) (diminished-capacity defense requires overwhelming condition)
- Commonwealth v. Blakeney, 946 A.2d 645 (Pa. 2008) (assesses credibility and resting factors of diminished-capacity evidence)
- Commonwealth v. King, 990 A.2d 1172 (Pa. Super. 2010) (standard for reviewing sufficiency without weighing evidence)
- Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013) (remedy for unconstitutional juvenile LWOP is remand for Miller/Batts-compliant resentencing)