Commonwealth v. Warren
84 A.3d 1092
| Pa. Super. Ct. | 2014Background
- Warren pled guilty on February 6, 2013 to one count of PWID with 0.9 grams of heroin in exchange for nol pros on remaining charges.
- Guideline Form indicated mitigated 15 months, standard 21-27 months, aggravated 33 months; statutory maximum shown as 360 months, but court stated 120 months.
- Trial court sentenced Warren to 54-120 months, doubling the high end of standard range via 780-115 to reach minimum sentence.
- Warren filed timely post-sentence motions; appellate review followed challenging the sentencing method and record-keeping.
- Issue framing: (1) misapplication of 780-115 to double the minimum, (2) failure to inform about standard/max sentences under 780-115, (3) lack of on-record reasons for departing from guidelines.
- Pennsylvania Superior Court vacated the judgment and remanded for resentencing due to failure to state reasons on the record and misapplication of the statute; noted potential issues with the guilty plea informings and guideline awareness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 780-115 permits doubling the minimum sentence | Warren: 780-115 doubles maximum, not minimum. | Commonwealth: statute doubles length within extended parameters; no minimum-specific restriction. | Sentence vacated and remanded. |
| Whether the court properly informed Warren about potential doubling under 780-115 | Warren: plea colloquy failed to disclose possible double under 780-115. | Warren: maximum informed, but not 780-115 doubling specifics; lack of disclosure not fatal here. | Sentence vacated and remanded. |
| Whether the trial court stated reasons for departing from the guidelines on the record | Warren: court did not articulate reasons for exceeding guideline ranges on the record. | Warren: court believed it sentenced within guidelines; later reasoning in 1925(a) opinion insufficient. | Sentence vacated and remanded. |
Key Cases Cited
- Commonwealth v. Wright, 609 Pa. 22 (Pa. 2011) (statutory interpretation and sentencing enhancements; informs standard of review)
- Commonwealth v. Griffin, 804 A.2d 1 (Pa. Super. 2002) (recidivism enhancement discussion; dicta on doubling the maximum term)
- Commonwealth v. Young, 922 A.2d 913 (Pa. Super. 2007) (application of 780-115; dicta on scope of doubling)
- Commonwealth v. Miser, 368 Pa. Super. 311 (Pa. Super. 1987) (limits of 780-115; cautions about proper application)
- Commonwealth v. Persinger, 532 Pa. 317 (Pa. 1992) (withdrawal of guilty plea after sentencing requiring manifest injustice)
- Commonwealth v. Carter, 540 Pa. 135 (Pa. 1995) (open plea context and maximum sentence disclosure considerations)