Commonwealth v. Phillips, M., Pet
96 WAL 2024
| Pa. | Sep 25, 2024
Opinion Summary

Facts

  1. John L. Phelps was previously convicted of first-degree child molestation in 2009, which designated him as a sex offender under the Sex Offender Registration and Notification Act [lines="21-23"].
  2. Phelps failed to report his travel to Mexico after allegations of further offenses arose, violating federal law [lines="31-32"].
  3. After being extradited from Mexico, Phelps was found guilty of multiple charges, including statutory rape, leading to consecutive life sentences [lines="34-36"].
  4. In a subsequent federal case, Phelps pleaded guilty to failing to report his international travel, with the district court initially calculating a sentencing range of 21 to 27 months [lines="37-40"].
  5. The district court ultimately imposed a 110-month sentence, varying upward based on Phelps's continuous misconduct, indicating he was a danger to children [lines="40-48"].

Issues

  1. Did the district court abuse its discretion in imposing a 110-month sentence for failing to report international travel as a sex offender? [lines="15-16"].
  2. Was the district court's reliance on Phelps's past and present conduct appropriate for imposing an above-guidelines sentence? [lines="46-48"].

Holdings

  1. The district court did not abuse its discretion; the sentence of 110 months was affirmed based on Phelps's lack of respect for the law and his danger to children [lines="19-20"].
  2. The court reasonably determined that Phelps's continuous misconduct justified an above-guidelines sentence to protect the public and promote respect for the law [lines="61-62"].

OPINION

Case Information

*1 IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 96 WAL 2024

:

Respondent :

: Petition for Allowance of Appeal : from the Unpublished v. : Memorandum and Order of the : Superior Court at No. 1246 WDA : 2022 entered on February 13, 2024, MICHAEL CRAIG PHILLIPS, : affirming the Judgment of Sentence

: of the Beaver County Court of Petitioner : Common Pleas at No. CP-04-CR- : 0001529-2020 entered on November 5, 2021 ORDER

PER CURIAM

AND NOW , this 25 th day of September, 2024, the Petition for Allowance of Appeal is GRANTED , the order of the Superior Court is VACATED , and the case is REMANDED to the Superior Court to consider petitioner’s claim that the admission of the photo prejudiced him, and to determine whether the trial court’s error in admitting the photo was harmless beyond a reasonable doubt. See Pa.R.E. 103(b) (“Once the court rules definitively on the record ― either before or at trial ― a party need not renew an objection or offer of proof to preserve a claim of error for appeal.”). Petitioner’s failure to object to the cautionary instruction regarding the photo waived the issue of whether the instruction was erroneous, not the preserved claim that the introduction of the photo was prejudicial. See Commonwealth v. LaCava , 666 A.2d 221, 228 & n.8 (Pa. 1995) (holding claim of erroneous jury instruction would normally be waived in absence of objection but *2 nonetheless reaching merits under relaxed waiver rule formerly applicable in capital cases).

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