Com. v. Mayle

• Decision Date: 10 July 2001
• Citation: 780 A.2d 677
• Parties: COMMONWEALTH of Pennsylvania, Appellee v. Robert Junior MAYLE, Appellant.
• Court: Pennsylvania Superior Court

780 A.2d 677

COMMONWEALTH of Pennsylvania, Appellee v. Robert Junior MAYLE, Appellant.

Superior Court of Pennsylvania.

Argued March 13, 2001.

Filed July 10, 2001.

David J. DiCarlo, Washington, for appellant.

Marjorie Fox, Assistant District Attorney, Waynesburg, for Com., appellee.

Before: ORIE MELVIN, TODD, and KELLY, JJ.

KELLY, J.

¶ 1 Appellant, Robert Junior Mayle, asks us to determine whether the Commonwealth's failure to bring Appellant to trial within the time periods set forth by Article III and Article IV of the Interstate Agreement on Detainers (IAD), 42 Pa. C.S.A. § 9101, warrant dismissal of the charges against him. We hold that the Commonwealth was required to request a continuance once it became clear that Appellant could not be tried within the time periods mandated under the IAD and that the Commonwealth's failure to do so warrants dismissal of the charges. Thus we reverse the judgment of sentence and dismiss the charges.

¶ 2 The relevant facts and procedural history of this appeal are as follows. Appellant appeals from the judgment of sentence entered on September 24, 1996 in the Greene County Court of Common Pleas following his conviction for aggravated assault,¹ robbery,² recklessly endangering another person,³ burglary,⁴ theft by unlawful taking,⁵ criminal conspiracy⁶ and criminal mischief.⁷ Appellant also appeals from the judgment of sentence entered on November 12, 1996 in that same court, following his conviction for burglary, theft by unlawful taking, criminal conspiracy, recklessly endangering another person (two counts), arson and related offenses,⁸ credit card violation (four counts),⁹ and criminal mischief.

¶ 3 Appellant's convictions resulted from being implicated as a coconspirator in burglaries that occurred on August 2, 1993 ("Tate case") and August 7, 1993 ("Bowers case"). On March 28, 1994, the investigating officer filed complaints in both cases. Appellant was awaiting trial in Kentucky on unrelated charges at the time the complaints were filed. On December 13, 1994, the Commonwealth mailed a Request for Temporary Custody pursuant to Article IV of the IAD. Following the Commonwealth's motions concerning attempts to obtain custody of the Appellant pursuant to the IAD, the court entered orders continuing the rule until January 3, 1995, February 3, 1995, and March 3, 1995. ¶ 4 On February 10, 1995, Appellant filed a request for disposition of the charges pursuant to Article III of the Interstate Agreement on Detainers Act (IAD), with the Greene County District Attorney's office. The Greene County Court of Common Pleas received the request that same day. On March 15, 1995, Appellant was returned to the Commonwealth. At the Commonwealth's request, a preliminary hearing scheduled for March 24, 1995 was continued and ultimately held on April 7, 1995. All charges in both cases were held for trial. Criminal informations were filed on April 28, 1995. The court scheduled Appellant's arraignment for May 15, 1995. On that date, Appellant waived arraignment on both cases. The waivers indicated the case would be called on August 24, 1995, with trial scheduled for September 5, 1995.

¶ 5 On August 24, 1995, Appellant filed an application for writ of habeas corpus and a motion to dismiss in both cases. The trial court denied Appellant's motion and application. In response, Appellant filed an interlocutory appeal with this Court. This Court denied Appellant permission to appeal. Appellant then brought a petition to appeal to the Pennsylvania Supreme Court, which also denied Appellant's request for interlocutory relief.

¶ 6 On August 26, 1996, Appellant began trial in the Tate case. The jury entered a guilty verdict on August 29, 1996. On September 24, 1996, the court sentenced Appellant to a total of six to twelve years incarceration. The Bowers case was tried on September 30, 1996 and the jury entered a guilty verdict on October 2, 1996. On November 12, 1996, the court sentenced Appellant to a total of two to twelve years, consecutive to the sentence imposed in the Tate case. Appellant filed timely post trial motions in both cases, which the trial court denied. Appellant filed a direct appeal in both cases. Appellant failed to file briefs with this Court and both appeals were dismissed without prejudice to Appellant's rights under the PCRA. Subsequently, Appellant filed a PCRA petition to reinstate his appellate rights nunc pro tunc, which the trial court reinstated. This timely nunc pro tunc appeal followed.

¶ 7 On appeal, Appellant raises the following issues for our review:

WHETHER THE COMMONWEALTH VIOLATED [APPELLANT'S] RIGHTS UNDER ARTICLE III OF THE INTERSTATE AGREEMENT ON DETAINERS ACT BY FAILING TO BRING HIM TO TRIAL WITHIN 180 DAYS OF HIS WRITTEN REQUEST FOR EXTRADITION FROM KENTUCKY?

WHETHER THE COMMONWEALTH VIOLATED [APPELLANT'S] RIGHTS UNDER ARTICLE IV OF THE INTERSTATE AGREEMENT ON DETAINERS ACT BY FAILING TO BRING HIM TO TRIAL WITHIN 120 DAYS OF HIS RETURN TO PENNSYLVANIA?

WHETHER APPELLANT WAS DENIED HIS RIGHT TO PROMPT TRIAL IN VIOLATION OF RULE 1100(A)(3)?

WHETHER THE VIDEOTAPED STATEMENTS OF [APPELLANT] AND RICK ROBINSON WERE IMPROPERLY ADMITTED INTO EVIDENCE?

WHETHER [APPELLANT] WAS DEPRIVED OF HIS RIGHT TO INTRODUCE REPUTATION EVIDENCE OF THE BAD CHARACTER OF RICK ROBINSON AT THE TRIAL OF [THE BOWERS CASE]?

WHETHER THE COMMONWEALTH PRESENTED SUFFICIENT EVIDENCE TO SUSTAIN [APPELLANT'S]

CONVICTION [IN THE BOWERS CASE]?

WHETHER THE COMMONWEALTH PRESENTED SUFFICIENT EVIDENCE TO SUSTAIN [APPELLANT'S] CONVICTION [IN THE TATE CASE]?

WHETHER [APPELLANT'S TRIAL] COUNSEL INEFFECTIVELY REPRESENTED [APPELLANT IN THE TATE CASE], AS HE FAILED TO PRESENT THE EXCULPATORY FACTUAL TESTIMONY OF MELISSA WAUGH?

WHETHER THE VERDICTS [IN THE TATE CASE AND BOWERS CASE] WERE AGAINST THE WEIGHT OF THE EVIDENCE?

(Appellant's Brief at 6-7).

¶ 8 We have consolidated Appellant's first two issues for purposes of our review. In these issues, Appellant essentially argues that the Commonwealth did not comply with Articles III and IV of the IAD by failing to bring Appellant to trial within the time limits mandated by statute. Appellant avers that the Commonwealth had the affirmative duty to request a continuance, once it became apparent that Appellant could not be tried within the time periods set forth in the IAD and that the Commonwealth's failure to do so compels reversal of the convictions and dismissal of the charges. We agree.¹⁰

¶ 9 Initially, we note that the parties to this case agree that both Articles III and IV govern this case. Generally, Article IV applies when the prosecution initiates the return of a prisoner and Article III applies when the prisoner files an Article III request for trial. See Casper v. Ryan, 822 F.2d 1283 (1987)

. In those cases where the Commonwealth has filed a detainer pursuant to Article IV and the prisoner requests that the outstanding charges be expeditiously resolved under Article III, the receiving jurisdiction has 180 days to bring the prisoner to trial pursuant to Article III. Commonwealth v. Montione, 554 Pa. 121, 720 A.2d 738 (1998). By contrast, if the prisoner does not initiate, respond to, or if the prisoner challenges the Commonwealth's detainer, the Commonwealth has 120 days under Article IV to bring the prisoner to trial upon obtaining custody of him. Id.

¶ 10 Instantly, the record reflects that the Commonwealth filed its Article IV detainer on December 13, 1994 and that Appellant filed an Article III request for disposition of the charges on February 10, 1995. Therefore, Article III appears to govern this case exclusively. Nonetheless, as the application of either Article III or Article IV does not affect the outcome, we will address Appellant's argument under both statutes.

¶ 11 The IAD, Article III, states in part:

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint: Provided, That for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

42 Pa.C.S.A. § 9101(III)(a) (emphasis added). Article IV states in pertinent part as follows:

(c) In respect to any proceeding made possible by this article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

42 Pa.C.S.A. § 9101(IV)(c) (emphasis added). Article (VI)(a) of the IAD states:

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

42 Pa.C.S.A. § 9101(VI)(a) (emphasis added).

¶ 12 The ...