Com. v. Hude

• Decision Date: 11 March 1983
• Citation: 500 Pa. 482,458 A.2d 177
• Parties: COMMONWEALTH of Pennsylvania v. Manfred HUDE, Appellant.
• Court: Pennsylvania Supreme Court

Page 177

458 A.2d 177

500 Pa. 482

COMMONWEALTH of Pennsylvania v. Manfred HUDE, Appellant.

Supreme Court of Pennsylvania.

March 11, 1983.

[500 Pa. 483] Thomas F. Traud, Jr., Sp. Asst. Public Defender, Allentown, for appellant.

Jerry A. Snyder, Asst. Dist. Atty., Allentown, for appellee.

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

OPINION

NIX, Justice.

This is an appeal by allowance from the order of the Superior Court ¹ affirming the order of the Court of Common Pleas of Lehigh County which dismissed appellant's motion to quash an indictment on the grounds that the scheduled trial would violate the protections afforded by the double jeopardy clauses of both the federal ² and state constitutions ³ under the theory of collateral estoppel, and section 110 of the Crimes Code, 18 Pa.C.S.A. § 110. The complexity of the instant appeal requires a full recitation of both the facts and procedural history.

Appellant, Manfred Hude, was arrested in March, 1975 and charged with twenty (20) counts of possession and delivery of marijuana and one count of corruption of a minor. The charges arose out of a series of sales to the same individual which were alleged to have occurred on twenty (20) separate days between October, 1974 and January, 1975. Three of the possession and delivery charges were dismissed following the preliminary hearing. Prior to trial, in a proceeding in the nature of habeas corpus contesting the committing magistrate's prima facie determination, six (6) other counts were dismissed by stipulation of counsel.

In June, 1975 the Commonwealth brought Hude to trial on three (3) of the remaining eleven (11) possession and delivery charges and on the corruption charge. Hude was acquitted of these charges. The Commonwealth's evidence, rejected by the jury, consisted solely of the testimony of one Barry Hagemus, a self-confessed drug seller, who asserted that on at least three occasions between the end of October, 1974 and the middle of January, 1975, Hude had sold him varying amounts of marijuana.

Specifically, Hagemus testified at the first trial that at the end of October, 1974, while seeking a new source of supply of marijuana to sell to students at Allen High School in Allentown, Pennsylvania, he was introduced to Hude. Hagemus sought to purchase six (6) pounds of marijuana and testified that the price allegedly quoted by Hude was $135.00 per pound. A meeting to consummate the transaction was set for the next night at 7:00 p.m. at an establishment called Dempsey's Restaurant. Hagemus testified that he met Hude the next night at Dempsey's Restaurant and drove with Hude in a small white, 2-door car to another location in Allentown.

Once at this second location, Hude allegedly left the car, went around the corner into an unknown house and returned approximately one hour later with six pounds of marijuana. Hagemus had already paid Hude for this marijuana from money he had received from prospective buyers. Hude then drove Hagemus back to Dempsey's. Prior to leaving, Hagemus requested another meeting in four days to purchase an additional four to six pounds of marijuana. The second meeting occurred approximately four days later, on November 2, 1974, as prearranged, at 7:00 p.m. again at Dempsey's. Hagemus gave Hude the money ($135.00 per pound) and Hude left on his own and returned to Dempsey's approximately one hour later with the marijuana. Hagemus then requested an additional six pounds of marijuana at the same price, at the same location and at the same time to be delivered on November 7, 1974. This third transaction was also consummated as prearranged. The defense consisted of a complete denial of the existence of any association between Hude and Hagemus.

Subsequent to the acquittal of the above charges, the Commonwealth brought Hude to trial on the remaining eight (8) possession and delivery charges. The primary testimony presented at this second trial was again that of Hagemus. Hagemus' testimony covered the alleged transactions consummated between the end of November, 1974 and the middle of January, 1975. The dates of the transactions were different and the quantities purchased varied slightly. The remainder of Hagemus' testimony reflected that these transactions were made at Dempsey's Diner, at 7:00 p.m. at intervals prearranged by Hagemus and the marijuana was priced at $135.00 per pound. Thus, the testimony of Hagemus in both the first trial and the instant trial reflected an identical pattern of behavior. Moreover, no additional corroborative testimony was presented in the second trial which would have provided a logical basis for concluding a dissimilarity of the issues before the fact finders in the two proceedings. Hude was convicted of seven (7) of the eight (8) counts of possession and delivery.

Between the first and second drug trials, the Commonwealth charged Hude with perjury based on certain statements he made at the first trial wherein Hude denied being a drug seller. At the perjury trial, subsequent to the second drug trial, the Commonwealth again called Barry Hagemus who testified to the alleged purchases of marijuana from Hude. The trial judge, sitting without a jury, found Hude guilty of perjury.

In all three trials the Commonwealth relied upon the credibility of Hagemus to support the charges. In each instance, Hude insisted that he had no involvement with Hagemus. Thus, as in the case of both drug trials, the issue in dispute in the perjury trial was also only the credibility of Hagemus. ⁴

On appeal from the convictions procured at the second drug trial, the Superior Court reversed ⁵ and granted Hude a new trial. ⁶ Following the remand by the Superior Court from the reversal of the convictions of the second drug trial, Hude filed a motion to dismiss the charges on the basis of, inter alia, double jeopardy under a theory of collateral estoppel and section 110 of the Crimes Code. ⁷ The trial court denied the motion and the Superior Court affirmed per curiam. See Commonwealth v. Bolden, 472 Pa. 602, 373 A.2d 90 (1977). We granted allowance of appeal and now reverse for the following reasons. ⁸

The briefs and oral argument in this appeal reflect an opaqueness on the part of the parties as to the nature of the relationship between the Campana rule, section 110 and double jeopardy. Clarity in defining the issue raised in this appeal requires that we first place these complaints in proper perspective. This Court's decisions in Campana I ⁹ and Campana II ¹⁰ ultimately designed a rule of compulsory joinder which required the criminal offenses arising from the same criminal episode to be disposed of in one prosecution. Commonwealth v. Beatty, --- Pa. ---, 455 A.2d 1194 (1983). In the interim between Campana I and Campana II, the legislature promulgated section 110 which set forth when prosecution would be barred by former prosecution for a different offense. ¹¹

While this Court in its Campana decisions spoke in terms of the obligation to join offenses, and the legislature in section 110 provided a bar of prosecution where joinder had not occurred, it is evident that our Court rule was in harmony with section 110. See Commonwealth v. Beatty, supra; Commonwealth v. Stewart, 493 Pa. 24, 425 A.2d 346 (1981); Commonwealth v. Tarver, 467 Pa. 401, 357 A.2d 539 (1976). Any treatment of an alleged Campana rule violation as a separate and distinct claim from an asserted section 110 violation is misleading. In Campana the Court affirmatively articulated the obligation to join the charges; in contrast, the General Assembly in section 110 achieved the same result by providing a sanction where such a joinder does not occur. ¹² Any attempt to persuade this Court to modify or restrict its view expressed in its Campana rule would be unavailing since those provisions are also required by statutory mandate.

Another significant facet to this discussion is the relationship of the double jeopardy protections provided by our federal and state constitutions in this area. It cannot be disputed that the underlying objective for both the Court and the General Assembly in this area was the same.

The compulsory joinder rule set forth in Campana I and II and the provisions of section 110 were designed to serve two distinct policy considerations: (1) to protect a person accused of crimes from governmental harassment of being forced to undergo successive trials for offenses stemming from the same criminal episode; and (2) as a matter of judicial administration and economy, to assure finality without unduly burdening the judicial process by repetitious litigation. See Commonwealth v. Stewart, supra 493 Pa. at 29, 425 A.2d at 348; Commonwealth v. Holmes, 480 Pa. 536, 541, 391 A.2d 1015, 1017 (1978); Commonwealth v. Tarver, supra 467 Pa. at 408, 357 A.2d at 542. "By requiring compulsory joinder of all charges arising from ... [the same criminal episode], a defendant need only once 'run the gauntlet' and confront the awesome resources of the state." Commonwealth v. Campana, (Campana I), 452 Pa. at 251, 304 A.2d at 440-441.

It is therefore appropriate to begin our instant inquiry by determining the applicability of section 110 to the present facts. In so proceeding, we are mindful that if the provisions of section 110 are satisfied, there will have also been compliance with the requirement as set forth under the Campana rule. The necessity to consider the double jeopardy complaints will only arise if it is determined that the statutory provision does not require the grant of the relief requested. Here we find that section 110 does in fact require a ruling that the second prosecution on the drug charges should have been barred and, therefore, we will not in this opinion discuss the constitutional claims. See, e.g., Beckert v. Warren, 497 Pa. 137, 439 A.2d 638 (1981); In re "B", 482 Pa. 471, 394 A.2d 419 (1978); Lattanzio v. Unemployment Compensation Bd. of Review...