Com. v. Hunt

• Decision Date: 10 September 2004
• Citation: 858 A.2d 1234
• Parties: COMMONWEALTH of Pennsylvania, Appellant v. Guye HUNT, Appellee.
• Court: Pennsylvania Superior Court

858 A.2d 1234

COMMONWEALTH of Pennsylvania, Appellant v. Guye HUNT, Appellee.

Superior Court of Pennsylvania.

Submitted May 25, 2004.

Filed September 10, 2004.

Karen T. Edwards, Asst. Dist. Atty., Pittsburgh, for the Com., appellant.

Lisa G. Middleman, Public Defender, Pittsburgh, for appellee.

Before: HUDOCK, JOYCE, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, McCAFFERY and PANELLA, JJ.

GANTMAN, J.:

¶ 1 Appellant, the Commonwealth of Pennsylvania, asks us to review whether the trial court erred when it granted the motion to dismiss the charges against Appellee, Guye Hunt, pursuant to Rule 600. We hold the trial court erred when it dismissed the charges against Appellee, based upon the alleged Rule 600 violation. We also hold the court abused its discretion when it concluded the Commonwealth had failed to exercise due diligence under the circumstances of this case. Accordingly, we vacate the court's order and remand the matter for trial.

¶ 2 The relevant facts and procedural history of this case are as follows. On January 21, 2000, the Commonwealth filed a complaint charging Appellee with rape,¹ two counts of involuntary deviate sexual intercourse,² aggravated indecent assault,³ endangering welfare of children,⁴ and corruption of minors.⁵ Trial was scheduled for October 16, 2000. On that date the Commonwealth requested a continuance, because the victim was out of the country and unavailable. Appellee's counsel entered "preserve Rule 1100"⁶ as a reason for opposition to the Commonwealth's request, and did not sign the Commonwealth's application for postponement. Trial was rescheduled for January 9, 2001.

¶ 3 On January 9, 2001, the Commonwealth was prepared to go to trial, and Appellee requested and was granted a continuance due to a scheduling conflict. Trial was rescheduled for April 9, 2001.

¶ 4 On April 9, 2001, the Commonwealth requested a continuance, because the victim was again unavailable. Appellee's counsel signed the "consents" section of the Commonwealth's application for postponement, and did not note on the form any defense opposition.⁷ Trial was rescheduled for April 23, 2001.

¶ 5 On April 23, 2001, Appellee requested a continuance to allow time to obtain the victim's medical records. Trial was rescheduled for October 10, 2001. On October 10, 2001, Appellee requested a continuance, because his counsel was unavailable, and trial was rescheduled for January 30, 2002.

¶ 6 On January 30, 2002, Appellee and the Commonwealth filed a joint "notice" stating that the case could not be heard due to the court's unavailability, and trial was rescheduled for April 30, 2002. On March 25, 2002, Appellee filed a motion to dismiss the charges pursuant to Pa.R.Crim.P. 600. The following summarizes the delays in bringing this case to trial:

• 1/21/00 — Complaint filed.

• 10/16/00 — Original trial date. The Commonwealth requests a continuance, because the victim is out of the country and unavailable. Trial is rescheduled for 1/9/01.

• 1/9/01 — Appellee requests a continuance due to a scheduling conflict. Trial is rescheduled for 4/9/01.

• 4/9/01 — The Commonwealth requests a continuance, because the victim is again unavailable. Trial is rescheduled for 4/23/01.

• 4/23/01 — Appellee requests a continuance to allow him time to obtain the victim's medical records. Trial is rescheduled for 10/10/01.

• 10/10/01 — Appellee requests a continuance, because defense counsel is unavailable. Trial is rescheduled for 1/30/02.

• 1/30/02 — Appellee and the Commonwealth file a joint "notice" stating that the case cannot be heard due to the court's unavailability. Trial is rescheduled for 4/30/02.

• 3/25/02 — Appellee files a motion to dismiss the charges pursuant to Pa.R.Crim.P. 600.

¶ 7 An evidentiary hearing on Appellee's motion to dismiss proceeded on April 30, 2002, and the court granted the motion on May 8, 2002. The Commonwealth filed a motion for reconsideration, which the trial court denied on May 22, 2002. On May 30, 2002, the Commonwealth timely appealed. On May 5, 2003, a panel of this Court reversed the trial court's decision and remanded the matter for further proceedings. On May 19, 2003, Appellee sought en banc reconsideration/reargument, which this Court granted on July 18, 2003.

¶ 8 The Commonwealth raises one issue for our review:

WHETHER THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT GRANTED APPELLEE'S MOTION TO DISMISS PURSUANT TO RULE 600 WHERE EVIDENCE DEMONSTRATED THAT THE DEFENSE ACCEPTED THE PROSECUTION'S INADVERTENT MISCALCULATION THAT MOVED THE TRIAL DATE THREE DAYS BEYOND THE ADJUSTED RUN DATE, AND WHERE THE EVIDENCE SHOWED THAT THE COMMONWEALTH WAS DILIGENT IN ATTEMPTING TO BRING APPELLEE TO TRIAL AND HAD ONLY REQUESTED THE POSTPONEMENT BASED ON A CIRCUMSTANCE BEYOND ITS CONTROL?

(Appellant's Brief at 4).

¶ 9 "In evaluating Rule [600] issues, our standard of review of a trial court's decision is whether the trial court abused its discretion." Commonwealth v. Hill, 558 Pa. 238, 244, 736 A.2d 578, 581 (1999). See also Commonwealth v. McNear, 852 A.2d 401 (Pa.Super.2004)

. "Judicial discretion requires action in conformity with law, upon facts and circumstances judicially before the court, after hearing and due consideration." Commonwealth v. Krick, 164 Pa.Super. 516, 67 A.2d 746, 749 (1949). "An abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias, or ill will, as shown by the evidence or the record, discretion is abused." Commonwealth v. Jones, 826 A.2d 900, 907 (Pa.Super.2003) (en banc) (citing Commonwealth v. Spiewak, 533 Pa. 1, 8 n. 4, 617 A.2d 696, 699 n. 4 (1992)).

¶ 10 "The proper scope of review... is limited to the evidence on the record of the Rule [600] evidentiary hearing, and the findings of the [trial] court." Hill, supra at 244, 736 A.2d at 581; McNear, supra at 404. See also Commonwealth v. Jackson, 765 A.2d 389 (Pa.Super.2000),

appeal denied, 568 Pa. 628, 793 A.2d 905 (2002). "[A]n appellate court must view the facts in the light most favorable to the prevailing party." Id. at 392.

Additionally, when considering the trial court's ruling, this Court is not permitted to ignore the dual purpose behind Rule [600]. Rule [600] serves two equally important functions: (1) the protection of the accused's speedy trial rights, and (2) the protection of society. In determining whether an accused's right to a speedy trial has been violated, consideration must be given to society's right to effective prosecution of criminal cases, both to restrain those guilty of crime and to deter those contemplating it. However, the administrative mandate of Rule [600] was not designed to insulate the criminally accused from good faith prosecution delayed through no fault of the Commonwealth.

Commonwealth v. Aaron, 804 A.2d 39, 42 (Pa.Super.2002) (en banc) (internal citations omitted).

So long as there has been no misconduct on the part of the Commonwealth in an effort to evade the fundamental speedy trial rights of an accused, Rule [600] must be construed in a manner consistent with society's right to punish and deter crime. In considering [these] matters ..., courts must carefully factor into the ultimate equation not only the prerogatives of the individual accused, but the collective right of the community to vigorous law enforcement as well. Strained and illogical judicial construction adds nothing to our search for justice, but only serves to expand the already bloated arsenal of the unscrupulous criminal determined to manipulate the system.

Commonwealth v. Corbin, 390 Pa.Super. 243, 568 A.2d 635, 638-39 (1990).

¶ 11 Initially, the Commonwealth contends Appellee consented to its April 9, 2001 request for continuance until April 23, 2001, by signing the Commonwealth's application. The Commonwealth asserts it raised the issue of "consent" at Appellee's Rule 600 evidentiary hearing; however, the court misapprehended the Commonwealth's argument. Nevertheless, by virtue of defense consent, the Commonwealth maintains Appellee waived his Rule 600 rights for the three (3) calendar days between the adjusted run date of Friday, April 20, 2001, and the scheduled trial date of Monday, April 23, 2001.

¶ 12 Furthermore, the Commonwealth alleges it exercised due diligence in bringing Appellee to trial, where both of the Commonwealth's requests for postponement were due to circumstances beyond its control, and where the Commonwealth had been prepared to try the case on January 9, 2001, before the initial run date, when the defense requested a continuance. The Commonwealth concludes the trial court erred and abused its discretion in dismissing the charges against Appellee, and the order granting Appellee's Rule 600 motion should be vacated.

¶ 13 Appellee counters the Commonwealth should have brought him to trial on Friday, April 20, 2001. Appellee insists the trial court discredited the Commonwealth's efforts to bring him to trial in a timely fashion. Moreover, Appellee maintains the Commonwealth did not demonstrate reasonable efforts to secure the attendance of the victim at trial. In his "Substituted Reply Brief," Appellee claims the Commonwealth waived its right to argue "consent" by the defense to the new trial date of April 23, 2001, where the Commonwealth failed to raise this contention at the Rule 600 evidentiary hearing. Alternatively, Appellee submits for the first time, in his substituted reply brief,⁸ that defense counsel's failure to seek dismissal of the charges on April 23, 2001, rather than a continuance, constituted ineffective assistance of counsel⁹ for which relief is available. Appellee maintains that counsel should have filed a Rule 600 motion to dismiss on April 23, 2001, her actions had no rational basis designed to protect her client's interests, and he was prejudiced by counsel's omission because if granted, the ...