Commonwealth v. Weimer
167 A.3d 78
| Pa. Super. Ct. | 2017Background
- Paul Weimer (born c. 1970s) was tried and in 2011 convicted on multiple sexual-offense counts involving three adolescent males (R.Z., M.G., J.D.); acquitted as to a fourth alleged victim (J.C.).
- Jury found Weimer guilty of two counts of IDSI (involuntary deviate sexual intercourse) and other offenses; sentenced March 13, 2012 to aggregate 25–50 years (including two consecutive 10–20 year mandatory minimums under 42 Pa.C.S. § 9718 for the IDSI convictions and 5–10 years on unlawful contact).
- Direct appeal affirmed; PCRA petition filed pro se April 7, 2014; counsel appointed and amended petition filed; trial court issued Rule 907 notice and dismissed the petition without a hearing on July 12, 2016.
- On appeal from dismissal, Weimer raised multiple claims: conflict/ineffective assistance for failure to move to withdraw, failure to suppress email evidence, jury instruction about date, Alleyne/§ 9718 mandatory-minimum challenge, grading/legality of unlawful-contact sentence under § 6318, and defective Rule 907 notice.
- Superior Court (panel opinion by Lazarus, J., adopting Judge McDaniel’s trial-court analysis on several points) reversed in part: vacated IDSI judgments tied to R.Z. and M.G. (vacatur/remand for resentencing without § 9718 mandatory minimums) and vacated the unlawful-contact sentence as illegal (remand for resentencing), but otherwise affirmed dismissal of other claims and rejected Rule 907 challenge.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Weimer) | Held |
|---|---|---|---|
| 1. Conflict / counsel failure to move to withdraw | Trial court: no active conflict; Allman adequately represented defendant; no prejudice | Collins should have moved to withdraw for conflict; failure was ineffective assistance | Denied relief — no active conflict or prejudice; counsel competent (claim affirmed by Superior Court on this point) |
| 2. Failure to suppress email evidence | Commonwealth: email admissible; defense had already introduced same email/exhibit | Trial counsel ineffective for not suppressing email seized outside warrant scope | Denied — no prejudice; defense introduced same email and defendant acquitted of charges related to that victim |
| 3. Jury instruction re: date of offense | Commonwealth: date not an essential element where continuous sexual-offense period alleged | Weimer: jury should have to find exact dates where age at offense matters | Denied — court properly instructed jurors that exact date was not essential and age element was treated properly for IDSI counts |
| 4. Mandatory minimums under 42 Pa.C.S. § 9718 (Alleyne challenge) | Commonwealth: § 9718 valid/applicable | Weimer: § 9718 mandatory minimums are facially unconstitutional post-Alleyne; judgment not final when Alleyne decided | Granted in part — Superior Court (following Wolfe) held § 9718 unconstitutional; vacated IDSI sentences tied to R.Z. and M.G. and remanded for resentencing without § 9718 minima |
| 5. Legality/grade of unlawful contact (§ 6318) sentence | Commonwealth: § 6318 graded as most serious underlying offense (sexual exploitation, F2) given the information/charge | Weimer: jury was not instructed which underlying offense applied; acquittals on specific § 6318(a) offenses require default to § 6318(b)(2) (F3) grading | Granted — because jury charge did not tie unlawful contact to a specific underlying offense, court must apply § 6318(b)(2) default (F3); 5–10 year sentence illegal (statutory maximum 7 years); vacated and remanded for resentencing |
| 6. Rule 907 notice defective | Weimer: notice failed to explain reasons/defects and thwarted opportunity to amend | Commonwealth: court provided opportunity; pleadings and supplements accepted after notice | Denied — court had given leave to amend earlier, accepted multiple counseled and pro se responses, and considered them before dismissal; no prejudice shown |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (holding facts that increase mandatory sentence are elements that must be submitted to the jury and found beyond a reasonable doubt)
- Commonwealth v. Wolfe, 140 A.3d 651 (Pa. 2016) (Pennsylvania Supreme Court held § 9718 facially unconstitutional under Alleyne)
- Commonwealth v. Ruiz, 131 A.3d 54 (Pa. Super. 2015) (timely PCRA can raise Alleyne challenge if defendant’s judgment was not final when Alleyne decided)
- Commonwealth v. Reed, 9 A.3d 1138 (Pa. 2010) (grading of § 6318 unlawful-contact conviction depends on the most serious underlying offense for which defendant contacted the minor)
- Commonwealth v. Aikens, 139 A.3d 244 (Pa. Super. 2016) (where jury charge tied unlawful contact to a specific underlying offense, grading follows that offense)
- Commonwealth v. Matteson, 96 A.3d 1064 (Pa. Super. 2014) (where element triggering mandatory minimum is an element of the offense the jury already found, Alleyne does not require additional findings)