Commonwealth v. Wright
116 A.3d 133
| Pa. Super. Ct. | 2015Background
- Appellant Michelle Wright pled guilty to welfare fraud on Nov 14, 2005; sentenced to 3 years reporting probation and restitution of $13,967.
- No petition to revoke probation appears in the record; a VOP hearing occurred December 2, 2013.
- At the VOP hearing, Wright contested the court’s jurisdiction arguing probation had expired years earlier.
- Probation Officer Brown testified Wright reported in 2007, then again in 2009; notes indicate she was not an absconder as of Dec 2, 2009.
- Commonwealth relied on 2013 federal bank fraud/conspiracy convictions as direct probation violations; Wright argued the probationary period had ended.
- The trial court revoked probation and imposed 11.5–23 months’ jail then 5 years of probation; Wright’s judgment of sentence was later vacated for delay and misapplication of the 2013 offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the probation revocation was authorized after expiration of probation | Wright contends probation had expired before VOP; court lacked jurisdiction | Commonwealth contends Wright remained subject to probation as an absconder | Yes; revocation invalid because probation ended before VOP and no timely hearing |
| Whether the VOP hearing was held within a reasonable time after violations | Delays (4 years after violations; 31 months after expiration) prejudiced Wright | Commonwealth argues delay justified by severity of violations | No; hearing untimely; judgment vacated |
Key Cases Cited
- Commonwealth v. Ortega, 995 A.2d 879 (Pa.Super. 2010) (probation extended by delinquency; timing of VOP)
- Commonwealth v. Lipton, 52 A.2d 521 (Pa.Super. 1975) (probation revoked after expiration only if timely and reasonable)
- Commonwealth v. Woods, 965 A.2d 1225 (Pa.Super. 2009) (reasonable delay factors in VOP timing)
- Commonwealth v. McCain, 467 A.2d 382 (Pa.Super. 1983) (delay in VOP hearing prejudicial when far after probation)
- Commonwealth v. Bomberger, 257 A.2d 630 (Pa.Super. 1969) (duty to investigate violations; timing of VOP)
- Commonwealth v. Clark, 847 A.2d 122 (Pa.Super. 2004) (factors in determining reasonable delay)
- Commonwealth v. Stancil, 524 A.2d 505 (Pa.Super. 1987) (unexplained delay in VOP hearing prejudicial)
- Commonwealth v. Cartrette, 83 A.3d 1030 (Pa.Super. 2013) (scope of review after probation revocation)
- Ortega (Pa.Super.), 995 A.2d 879 (Pa.Super. 2010) (extended probation by delinquency)