Commonwealth v. Tanner
61 A.3d 1043
| Pa. Super. Ct. | 2013Background
- Appellant Stacey L. Tanner pled guilty on December 5, 2010 to homicide by motor vehicle while DUI, aggravated assault by vehicle while DUI, and DUI (highest rate of alcohol).
- The underlying crash occurred August 26, 2010 on Route 15; Tanner allegedly crossed into southbound lanes and caused a head-on collision with Dr. Gaballa's vehicle, injuring passengers and killing Amal Rowezak (Dr. Gaballa’s wife).
- Blood alcohol content was 0.18% approximately one hour after the incident.
- At sentencing on March 5, 2012, the trial court sentenced Tanner in the aggravated range on all counts with consecutive terms, totaling 71 to 142 months in prison.
- Tanner timely filed a post-sentence motion challenging discretionary aspects of the sentence; the motion was denied and an appeal followed.
- The court sua sponte held that Tanner’s DUI conviction merged for sentencing with both homicide by MV while DUI and aggravated assault by vehicle while DUI, vacating the sentence and remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DUI fusion with the other offenses was proper for sentencing | Tanner contends there was no merger for sentencing. | State argues merger applies where elements are subsumed and single act underlies offenses. | DUI merged with both homicide and aggravated assault; sentence illegal. |
| Whether the DUI merger harmed the legality of the sentence and required remand | Tanner argues post-sentencing procedure merits due process. | State asserts discretionary aspects moot post-merger. | DUI sentence vacated and remanded for resentencing; discretionary issues moot. |
Key Cases Cited
- Commonwealth v. Randal, 837 A.2d 1211 (Pa. Super. 2003) (illegal sentence can be reviewed sua sponte; must be vacated)
- Commonwealth v. Baldwin, 985 A.2d 830 (Pa. 2009) (merger requires single act and subsumed elements)
- Commonwealth v. Schmohl, 975 A.2d 1144 (Pa. Super. 2009) (DUI merges with aggravated assault by vehicle while DUI)
- Commonwealth v. Caine, 683 A.2d 890 (Pa. Super. 1996) (elements of homicide by vehicle while DUI described)
- Commonwealth v. Williams, 997 A.2d 1205 (Pa. Super. 2010) (remand when correction may upset sentencing scheme)