Com. v. Williams

• Decision Date: 31 May 2000
• Citation: 753 A.2d 856
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Walter WILLIAMS, a/k/a John Smith, Appellant.
• Court: Pennsylvania Superior Court

753 A.2d 856

COMMONWEALTH of Pennsylvania, Appellee, v. Walter WILLIAMS, a/k/a John Smith, Appellant.

Superior Court of Pennsylvania.

Argued April 11, 2000.

Filed May 31, 2000.

Karl Baker, Public Defender, Philadelphia, for appellant.

Catherine Marshall, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before CAVANAUGH, J., EAKIN, J., and CERCONE, President Judge Emeritus. CERCONE, President Judge Emeritus:

¶ 1 Appellant, Walter Williams, appeals from the Judgment of Sentence imposed by the Trial Court after it convicted him of three counts of criminal contempt of court.¹ After review, we vacate and remand for resentencing.

¶ 2 In October of 1995, Appellant pled guilty to robbery and was sentenced by The Honorable Rayford A. Means of the Court of Common Pleas of Philadelphia to a term of six (6) to twenty-three (23) months imprisonment followed by a term of two (2) years probation. After imposing sentence, Judge Means immediately paroled Appellant.

¶ 3 In 1997, Appellant was arrested twice due to two different sets of criminal charges lodged against him. The first set of criminal charges concerned Appellant's alleged possession of narcotics and the second set pertained to an alleged theft committed by Appellant. With respect to the first set of charges, Appellant subsequently pled guilty to possession of cocaine.

¶ 4 As a result of Appellant's apparent continuation of his pattern of criminal behavior, Judge Means scheduled a probation revocation hearing for Appellant. Judge Means conducted this hearing on March 5, 1998. At the conclusion of this hearing, Judge Means revoked the sentence of probation which he had previously given Appellant on the 1995 robbery charge and he sentenced Appellant to two and one-half (2 1/2) to five (5) years imprisonment.

¶ 5 After sentencing, as Appellant was being led from the courtroom, he apparently elected to express his dissatisfaction at Judge Means' choice of sentence. Appellant did so by raising his middle finger and stating, "F—k You" to Judge Means. Consequently, Judge Means ordered the Appellant brought back before him for a summary contempt proceeding. N.T., Probation Revocation Hearing, 3/5/98 at 10.

¶ 6 The record of testimony reflects that Judge Means stated that he found Appellant to be in contempt for his act of stating the words "F—k You" and also for the act of raising his middle finger. Id. at 11. As a result, Judge Means stated that it was his intent to impose a sentence of five (5) months and twenty-nine (29) days for each act, and also that it was his intent for the sentences to run consecutively. Id. Judge Means additionally ordered both contempt sentences to run consecutively to the sentence which he had just imposed for Appellant's 1995 robbery conviction.

¶ 7 Despite Judge Means express statement, the record in this matter reveals that three (3) separate complaints charging Appellant with criminal contempt were filed in this matter. These complaints were docketed at Municipal Court No.'s XXXX-XXXX, XXXX-XXXX, and XXXX-XXXX. The written judgment of sentence entered in each case was a flat sentence of five (5) months and twenty-nine (29) days incarceration ordered to run consecutively to Appellant's sentence on the 1995 robbery charge.

¶ 8 Appellant ostensibly filed a Motion to Modify Sentence with the Trial Court which was denied on March 17, 1998.² Appellant filed a notice of appeal on March 26, 1998 from the judgment of sentence imposed after revocation of his probation on the 1995 robbery conviction. The Trial Court then issued an order on March 31, 1998 directing Appellant to file a concise statement of matters complained of on appeal within fourteen (14) days. Appellant did not file such a statement within the time period specified by the order.

¶ 9 Appellant filed another notice of appeal on April 16, 1998. This appeal was from the judgment of sentence imposed in the three criminal contempt cases. In response, the Trial Court issued another order that same day directing Appellant to file a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b) within fourteen (14) days. Appellant did not file a Rule 1925(b) statement within the time period allowed by this order.

¶ 10 Hence, on June 8, 1998 the Trial Court prepared an Opinion in which it addressed only the issue which the Appellant had apparently raised in his posttrial motions, namely whether the sentence imposed for Appellant's violation of probation was excessive. The Trial Court did not address any issue in this opinion relating to its finding of Appellant in criminal contempt.

¶ 11 Appellant eventually filed a Statement of Matters Complained of on Appeal with the Trial Court on August 20, 1998. This statement contains four of the five issues presented by Appellant in his consolidated brief to our Court and also an additional issue concerning the sentence of the Appellant on the 1995 robbery conviction. On August 21, 1998, Appellant sought leave of our Court to consolidate both appeals and also an order requiring the Trial Court to transcribe the Notes of Testimony of the March 5, 1998 hearing. Our Court entered an order on December 9, 1998 consolidating both appeals and directing the Trial Court to transcribe the notes of testimony of the probation revocation hearing. However, the Trial Court failed to comply with this order. Appellant petitioned our Court again on May 28, 1999 to have the Trial Court transcribe the revocation hearing, and our Court issued another order on July 1, 1999 again ordering the Trial Court to prepare a transcript of that hearing. Finally on July 21, 1999 the transcript of the probation revocation hearing was lodged with our Court.

¶ 12 Appellant presents five (5) issues in his "consolidated brief" for our Court's consideration:

1. Was there insufficient evidence for holding appellant in contempt of court, in that there was no proof that he possessed the requisite intent to obstruct justice, or that an obstruction of justice occurred?

2. Is not appellant entitled to a jury trial when he received an aggregate of consecutive sentences for multiple counts of criminal contempt exceeding six months?

3. Assuming arguendo that appellant's conduct was contemptuous, does not the imposition of multiple sentences for the same act of misconduct or transaction violate the double jeopardy clauses of the Pennsylvania Constitution and the United States Constitution?

4. Must not appellant be resentenced where the flat sentences of five months, twenty-nine days incarceration on three counts of contempt are illegal as they fail to include a minimum and maximum term as required in 42 Pa.C.S.A. § 9756(b)?

5. Were not trial and appellate counsel ineffective for not preserving and raising the issues presented in this brief?

Appellant's Brief at 4.³

¶ 13 The Commonwealth has asserted that we should find Appellant's issues waived for failure to timely file a Rule 1925(b) statement. However, we decline to do so. Appellant did file a Rule 1925(b) statement, albeit late.⁴ Although the Trial Court did not write an opinion addressing the issues which Appellant raised in his 1925(b) statement, the certified record before us is sufficient for us to conduct a meaningful review of Appellant's issues. Thus, we will address Appellant's issues and need not remand for the preparation of a Trial Court Opinion. This is in accordance with our Court's similar action in prior cases. See e.g. Commonwealth v. Stilley, 455 Pa.Super. 543, 689 A.2d 242, 247 (1997)

(where appellant filed his Rule 1925 statement a year late and trial court did not write opinion addressing issues contained in statement, our Court did not find appellant's issues to have been waived nor did we remand case for preparation of opinion because record was sufficient to permit appellate review); Commonwealth v. Taylor, 448 Pa.Super. 238, 671 A.2d 235, 239 (1996),

appeal denied, 546 Pa. 642, 683 A.2d 881 (1996) (where appellant failed to file Rule 1925(b) statement because transcription of notes of testimony was not complete and trial court did not address issue in its opinion, our Court was not hampered by the lack of a trial court opinion and did not find appellant's issue waived since certified record was sufficient to permit appellate review).

¶ 14 Appellant first argues that the evidence was insufficient to sustain the Trial Judge's finding of him in criminal contempt for his courtroom behavior. We begin by noting our standard of review of such a claim. As our Court has stated in a prior case:

[I]n considering an appeal from a contempt order, we place great reliance on the discretion of the trial judge. Each court is the exclusive judge of contempts against its process, and on appeal its actions will be reversed only when a plain abuse of discretion occurs. In cases of direct criminal contempt, that is, where the contumacious act is committed in the presence of the court and disrupts the administration of justice, an appellate court is confined to an examination of the record to determine if the facts support the trial court's decision.

Commonwealth v. Jackson, 367 Pa.Super. 6, 532 A.2d 28, 31-32 (1987) (internal citations omitted); Accord Ricci v. Geary, 447 Pa.Super. 609, 670 A.2d 190, 191 (1996)

. In making this examination: "we must evaluate the entire record and consider all evidence actually received." Commonwealth v. Falana, 548 Pa. 156, 161, 696 A.2d 126, 128 (1997) quoting Commonwealth v. Griscavage, 512 Pa. 540, 517 A.2d 1256 (1986).

¶ 15 A court's power to find an individual in criminal contempt is conferred by Section 4132 of the Judiciary Code, which provides in relevant part:

The power of the several courts of this Commonwealth to issue attachments and to impose summary punishments for contempts of court shall be restricted to the following cases:

* * *

(3) The misbehavior of any person in the presence of the court, thereby obstructing the administration of

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