Commonwealth v. Tooks
151 A.3d 666
| Pa. Super. Ct. | 2016Background
- In July 2014 Kevin Miller was threatened at gunpoint, forced into an SUV, taken to an ATM, and forced to withdraw $100; appellant Tooks was identified as one of the perpetrators.
- Tooks was tried on two informations charging, inter alia, robbery (serious bodily injury), kidnapping, unlawful restraint, terroristic threats, simple assault, conspiracy to commit robbery, solicitation, and witness intimidation.
- Jury acquitted Tooks of robbery and kidnapping but convicted him of unlawful restraint, terroristic threats, simple assault, conspiracy to commit robbery (to commit robbery/kidnapping), and other counts; the verdict form specifically tied the conspiracy conviction to robbery (guilty) and kidnapping (not guilty).
- Commonwealth notified intent to seek the § 9714 mandatory minimum; at sentencing the trial court found Tooks had a prior robbery conviction and treated the conspiracy conviction as a “crime of violence” under 42 Pa.C.S. § 9714(g), imposing a mandatory 10–20 year term.
- Tooks appealed, arguing the conspiracy conviction did not qualify as a § 9714 crime of violence because the jury acquitted him of robbery and thus the necessary factual basis was lacking or ambiguous.
- The Superior Court affirmed, concluding the conspiracy conviction was charged and decided as to robbery (a qualifying subsection under § 3701(a)(1)(i)/(ii)), so § 9714(a)(1)’s mandatory minimum applied given Tooks’s prior conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 9714(a)(1) mandatory minimum applies where defendant was convicted of conspiracy to commit robbery but acquitted of robbery | Commonwealth: § 9714 applies because conspiracy to commit robbery is an inchoate offense listed in § 9714(g) and the conspiracy verdict was tied to robbery | Tooks: Jury acquitted robbery; conviction for conspiracy lacked clear finding that it was to a § 3701(a)(1)(i)/(ii)/(iii) robbery, so it is not a § 9714 crime of violence | Court: Affirmed—conspiracy was charged and decided as to robbery (qualifying robbery subsections only), so conspiracy is a § 9714 crime of violence and mandatory minimum applies |
Key Cases Cited
- Commonwealth v. Poland, 26 A.3d 518 (Pa. Super. 2011) (standard for reviewing legality of sentence)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (facts other than prior convictions that increase mandatory minimum must be submitted to a jury)
- Almendarez–Torres v. United States, 523 U.S. 224 (U.S. 1998) (prior convictions may be treated as sentencing factors)
- Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. 2015) (discusses Alleyne and § 9714 application)
- Commonwealth v. Akbar, 91 A.3d 227 (Pa. Super. 2014) (treatment of § 9714 and Alleyne)
- Commonwealth v. Gunn, 803 A.2d 751 (Pa. Super. 2002) (vacating § 9714 sentence where Commonwealth failed to prove prior qualifying convictions)