Com. v. Bell

• Citation: 516 A.2d 1172,512 Pa. 334
• Parties: COMMONWEALTH of Pennsylvania, Appellant, v. Ernestine BELL, Appellee.
• Decision Date: 29 December 1986
• Court: United States State Supreme Court of Pennsylvania

Page 1172

516 A.2d 1172

512 Pa. 334

COMMONWEALTH of Pennsylvania, Appellant, v. Ernestine BELL, Appellee.

Supreme Court of Pennsylvania.

Submitted Dec. 3, 1985.

Decided Oct. 24, 1986.

Petition for Allowance of Appeal Denied Dec. 29, 1986.

Eric B. Henson, Steven J. Cooperstein, Philadelphia, for appellant.

Gerald A. Stein, Philadelphia, for appellee.

John W. Packel, Philadelphia, for Amicus-Defender Assoc. of Philadelphia.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

NIX, Chief Justice.

This case requires our review of the applicability and constitutionality of section 9712 of the Mandatory Minimum Sentencing Act, 42 Pa.C.S. § 9712, which requires the imposition of a minimum prison sentence of at least five years upon conviction of certain enumerated felonies, where it is proven at sentencing by a preponderance of the evidence that the accused visibly possessed a firearm during the commission of the offense. Appellee was convicted in a bench trial of voluntary manslaughter in the Court of Common Pleas of Philadelphia County. That court thereafter found section 9712 of the Mandatory Minimum Sentencing Act (hereinafter "Act") inapplicable and unconstitutional as applied to appellee, and imposed a sentence of four (4) years probation. Pursuant to section 9712(d) of the Act, the Commonwealth sought appellate review of the action of the sentencing court. ¹ This Court has jurisdiction to entertain this appeal under 42 Pa.C.S. § 9712(d) and 42 Pa.C.S. § 722(7). ²

The first issue on appeal to this Court is whether section 9712 of the Act applies to appellee's conviction of voluntary manslaughter for killing the victim while "acting under a sudden and intense passion resulting from serious provocation." 18 Pa.C.S. § 2503(a). The sentencing court declined to apply section 9712 after finding that the statute is inapplicable to the facts of appellee's case.

Section 9712 provides in relevant part that:

Any person who is convicted in this Commonwealth of murder in the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse robbery ... aggravated assault or kidnapping, or who is convicted of attempt to commit these crimes shall, if the person visibly possessed a firearm during the commission of the offense, be sentenced to a minimum sentence of at least five years of total confinement notwithstanding any other provision of this title or other statute to the contrary.

42 Pa.C.S. § 9712(a).

The lower court held that the legislature did not intend section 9712 to apply to killings committed under "sudden and intense passion" but only to calculated criminal acts committed by hard-core recidivist offenders. By refusing to apply a mandatory sentence to appellee's voluntary manslaughter conviction, the court below has completely disregarded the plain language of the Act.

The Statutory Construction Act, 1 Pa.C.S. § 1501 et seq., provides as its most basic principle that:

When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.

1 Pa.C.S. § 1921(b) (Supp.1986).

Davis v. Government Employees Insurance Co., 500 Pa. 84, 89, 454 A.2d 973, 975 (1982); Commonwealth v. Pierce, 497 Pa. 437, 440 n. 4, 441 A.2d 1218, 1219 n. 4 (1982). When the language of a statute is clear and unambiguous, the judiciary must read its provisions in accordance with their plain meaning and common usage. 1 Pa.C.S. § 1903(a) (Supp.1986); In re: Estate of Baker, 496 Pa. 577, 582, 437 A.2d 1191, 1193 (1981); Commonwealth v. Simione, 447 Pa. 473, 480, 291 A.2d 764, 768 (1972); In Re Stegmaier Estate, 424 Pa. 4, 8, 225 A.2d 566, 568 (1967); Commonwealth v. Rieck Investment Corp., 419 Pa. 52, 59-60, 213 A.2d 277, 281-82 (1965); Southwest Delaware County Municipal Authority v. Aston Township, 413 Pa. 526, 537, 198 A.2d 867, 873 (1964). It is not within judicial prerogative to disregard the principles of statutory construction and engage in a selective reading of the purposes behind the mandatory minimum sentencing law. The language contained in the statute at issue is clear and explicit. The criminal act of "voluntary manslaughter" is listed as one of the seven offenses subject to a mandatory sentence if the offender visibly possessed a firearm during the crime. The court below inappropriately inquired into the intent of the legislature and the history behind the Act. When the statute's meaning is plain, there is no occasion for resorting to rules of statutory interpretation or looking to the legislative history when doing so would alter the plain meaning of the statute. Commonwealth, Department of Public Welfare v. Matic, 509 Pa. 164, 501 A.2d 617 (1985); Hellertown Manufacturing Co. v. Commonwealth, 480 Pa. 358, 365, 390 A.2d 732, 735 (1978); Davis v. Sulcowe, 416 Pa. 138, 143, 205 A.2d 89, 92 (1964).

The same result would be reached if we were permitted in this instance to search for legislative intent. To arrive at the trial judge's conclusion we would be required to assume that the General Assembly was unaware of the definition of section 2503(a) of the Crimes Code which it promulgated. ³ 18 Pa.C.S. § 2503(a). Such an absurd result is expressly condemned by the rules of statutory construction. 1 Pa.C.S. § 1922(1). See Lehigh Valley Cooperative Farmers v. Commonwealth, Bureau of Employment Security Department of Labor and Industry, 498 Pa. 521, 447 A.2d 948 (1982); Zimmerman v. O'Bannon, 497 Pa. 551, 442 A.2d 674 (1982); Schaefer v. Hilton, 473 Pa. 237, 373 A.2d 1350 (1977). Voluntary manslaughter has traditionally been recognized as a crime of passion inspired by provocation rather than motivated by malice. Commonwealth v. White, 492 Pa. 489, 491, 424 A.2d 1296, 1297 (1981); Commonwealth v. Cain, 484 Pa. 240, 245-46, 398 A.2d 1359, 1361 (1979); Commonwealth v. Campbell, 451 Pa. 465, 467-468, 304 A.2d 121, 122 (1973); Commonwealth v. Donough, 377 Pa. 46, 52, 103 A.2d 694, 698 (1954); Commonwealth v. Cargill, 357 Pa. 510, 513, 55 A.2d 373, 374 (1947); Commonwealth v. Flax, 331 Pa. 145, 153, 200 A. 632 (1938); Commonwealth v. Principatti, 260 Pa. 587, 596, 104 A. 53, 57 (1918); Commonwealth v. Colandro, 231 Pa. 343, 350, 80 A. 571, 574 (1911). Section 2503(a) merely codifies the common law crime of voluntary manslaughter. Thus the deliberate inclusion of section 2503 within the enumerated crimes set forth in section 9712 shows the clearest possible intention to include a killing in the heat of passion. ⁴ There is therefore no basis for the trial court's conclusion that the "... Act was never intended to refer to a heat of passion killing committed by an emotionally involved, otherwise law abiding, citizen who succumbs to rage or panic and kills a lover or a family member." Commonwealth v. Bell, No. 1404 August Term, 1984 (Phila.C.C.P. July 19, 1984) slip op. at 4. Judicial compassion does not provide a warrant to ignore the clearest of statutory mandate.

The trial court's underlying premise that section 9712 was directed at "repeat criminals" is totally unwarranted. The enhancement of the punishment delineated under section 9712 is clearly not triggered by recidivistic behavior. In each instance it is the enumerated behavior exacerbated by the use of a firearm to facilitate its commission. It is as much in the public interest to keep guns out of the hands of those susceptible to bursts of passions as to deter those who would commit rape, robbery or any of the other enumerated offenses from using firearms. It must be remembered that, if this "emotionally involved, otherwise law abiding citizen who succumbs to rage or panic" on the occasion in question did not have the weapon, a life may have been spared. ⁵

Having determined that section 9712 does, in fact, apply to the voluntary manslaughter conviction in question, we must address the trial court's alternative holdings that the statute violates various constitutional guarantees. The trial court concluded that section 9712 was constitutionally infirm on due process, equal protection and separation of powers grounds and that its application in the instant case would amount to cruel and unusual punishment. For the reasons that follow we find those assertions to be potently without merit.

The due process argument accepted by the trial court relies on section 9712(b) of the Act, which provides in pertinent part:

Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing.

42 Pa.C.S. § 9712(b).

On the basis of the above language, the trial court concluded that the failure of section 9712(b) to require pre-trial notice of the Commonwealth's intention to invoke the Act in the event of a conviction for one of the Act's enumerated crimes violated appellee's right to due process. We disagree.

It is a fundamental principle of constitutional law that a challenge to a statute may not be raised in the abstract but must find its basis in an injury to the party seeking to have the enactment declared constitutionally infirm. See, e.g., Bliss Excavating Co. v. Luzerne County, 418 Pa. 446, 211 A.2d 532 (1965); White v. City of Philadelphia, 408 Pa. 397, 184 A.2d 266 (1962); Booz v. Reed, 398 Pa. 172, 157 A.2d 170 (1960); Home Life Insurance Co. of America v. Board of Adjustment of Lower Merion Township, 393 Pa. 447, 143 A.2d 21 (1958); Dwyer v. Dilworth, 392 Pa. 123, 139 A.2d 653 (1958); Rich Coal Co. v. Chesnut, 355 Pa. 13, 47 A.2d 801 (1946); Turco Paint & Varnish Co. v. Kalodner, 320 Pa. 421, 184 A. 37 (1936); In re Knowles' Estate, 295 Pa. 571, 145 A. 797 (1929). In the instant case it is not questioned that appellee received actual pre-trial notice of the Commonwealth's intention to seek a mandatory minimum...