Commonwealth v. Popielarcheck, 1788 WDA 2015

• Decision Date: 06 December 2016
• Docket Number: No. 1788 WDA 2015,1788 WDA 2015
• Citation: 151 A.3d 1088
• Parties: COMMONWEALTH of Pennsylvania, Appellant v. Alexis POPIELARCHECK, Appellee.
• Court: Pennsylvania Superior Court

151 A.3d 1088

COMMONWEALTH of Pennsylvania, Appellant

v.Alexis POPIELARCHECK, Appellee.

No. 1788 WDA 2015

Superior Court of Pennsylvania.

Argued October 25, 2016

FILED DECEMBER 6, 2016

Reargument Denied February 10, 2017

Marjorie J. Fox, District Attorney, Waynesburg, for Commonwealth, Appellant.

Harry J. Cancelmi, Jr., Waynesburg, for Appellee.

BEFORE: DUBOW, J., MOULTON, J., and MUSMANNO, J.

OPINION BY DUBOW, J.:

The Commonwealth appeals from the October 9, 2015 Order denying the Commonwealth's Motion for Modification of Sentence and amending the September 2, 2015 Judgment of Sentence.¹ After careful review, we affirm and hold that where a sentencing court sentences a DUI defendant to County Intermediate Punishment ("CIP") pursuant to 42 Pa.C.S. § 9763, the sentencing court is not required to impose a mandatory maximum sentence pursuant to 75 Pa.C.S. § 3804(d).

The relevant factual and procedural history of this case is as follows. On June 15, 2015, Alexis Popielarcheck ("Appellee") pled guilty to two counts of Driving Under the Influence (DUI) (Second Offense–Ten Years); thirteen counts of Disregard Traffic Lane; Reckless Driving; and Restraint Systems as the result of an August 28, 2014 incident in which she was under the influence of various controlled substances.² The court ordered the preparation of a pre-sentence investigation and modified Appellee's bail to require her to report to Greenbriar Treatment Center for inpatient drug and alcohol therapy and to complete all recommended treatment.

The parties do not dispute the following. The instant offense was Appellee's second DUI offense in 10 years, was graded as a misdemeanor of the first degree, and was punishable by a maximum sentence of five years. Appellee was a qualified offender required to undergo "a full assessment for alcohol and drug addiction" pursuant to 75 Pa.C.S. § 3814. Appellee did undergo such an assessment, which found that she was "in need of additional treatment." If the trial court had not sentenced Appellee to CIP, a mandatory five-year maximum sentence would apply, as discussed infra. Moreover, the parties do not dispute that Appellee is eligible for a sentence of CIP.

At the September 1, 2015 Sentencing Hearing, the court sentenced Appellee to a total term of two years of CIP with 120 days to be served as house arrest, with 21 days' credit for time at Greenbriar, and assessed a fine of $1000 for the offense of DUI. The district attorney inquired about the total length of supervision due to statutory requirements, arguing unsuccessfully that the court was required to sentence Appellee to the statutory maximum range of her sentence, notwithstanding the court's discretion to sentence Appellant to CIP.

On September 11, 2015, the Commonwealth filed post-sentence motions asserting that the sentencing court (i) erred by not imposing the statutorily mandated fine; (ii) erred by not mandating electronic monitoring as part of Appellee's sentence of house arrest; (iii) erred by not imposing a maximum term of five years; and (iv) abused its discretion in sentencing Appellee to less than five years of supervision in light of the various factors to be considered at sentencing.

By order entered October 9, 2015, the court amended its Sentencing Order to reflect the correct fine and to include "[h]ouse arrest with electronic surveillance," adding that "[o]therwise, the sentence is legal and a proper exercise of judicial discretion."

The Commonwealth filed a timely appeal on November 6, 2015. Both the trial court and the Commonwealth complied with Pa.R.A.P. 1925.

On appeal, the Commonwealth raises the following two issues:

I. Did the lower court err in disregarding the statutory mandate requiring the imposition of a maximum sentence equal to the statutorily available maximum for an offender deemed at an initial assessment to be in need of further treatment?

Ii. Did the lower court abuse its discretion in failing to impose a sentence with a long maximum term in order to achieve the goals articulated by the [S]entencing [C]ode of assuring the safety of the public while providing for the rehabilitative needs of the offender?

Commonwealth's Brief at 9.

Legality of Appellee's Sentence

In its first issue, the Commonwealth raises an issue of first impression. The Commonwealth avers that the trial court was required as a matter of law to sentence Appellee to the statutorily available maximum sentence pursuant to 75 Pa.C.S. § 3804(d) because Appellee was deemed to be "in need of additional treatment." The Commonwealth acknowledges that, notwithstanding mandatory minimum and maximum DUI penalties enumerated in Section 3804, the trial court was vested with the discretion to sentence Appellee to CIP in lieu of the applicable mandatory minimum sentence. Nonetheless, the Commonwealth argues, the mandatory maximum provision of Section 3804(d) still applies, and the trial court was therefore required to impose the mandatory maximum sentence of five years.

In contrast, Appellee avers that the Sentencing Code permits trial courts to choose between two separate, "alternative" sentencing schemes. She asserts that once the trial court exercised its discretion to sentence her to CIP, neither the maximum nor the minimum provisions of Section 3804(d) apply.

Addressing the Commonwealth's averment requires us to revisit "the interplay between the mandatory sentencing provision of the DUI statute and the discretionary sentencing provisions of the Sentencing Code, which presents a question of law that compels plenary review to determine whether the court committed an error of law." Commonwealth v. Williams , 941 A.2d 14, 21 (Pa. Super. 2008) (en banc ) (citation and internal quotation marks omitted).

Statutory interpretation is a question of law, therefore our standard of review is de novo, and our scope of review is plenary. Commonwealth v. Hall , 622 Pa. 396, 80 A.3d 1204, 1211 (2013). "In all matters involving statutory interpretation, we apply the Statutory Construction Act, 1 Pa.C.S. § 1501 et seq. , which provides that the object of interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly." Commonwealth v. McCoy , 599 Pa. 599, 962 A.2d 1160, 1166 (2009) (citation omitted).

Generally, a statute's plain language provides the best indication of legislative intent. Id. We will only look beyond the plain language of the statute when words are unclear or ambiguous, or the plain meaning would lead to "a result that is absurd, impossible of execution or unreasonable." 1 Pa.C.S. § 1922(1). Therefore, when ascertaining the meaning of a statute, if the language is clear, we give the words their plain and ordinary meaning. Hall , 80 A.3d at 1211.

The statutory sections governing sentencing in DUI offenses are as numerous as they are verbose. In an effort to avoid more confusion than is necessary, we summarize the interplay of the relevant statutes as follows.

Under Section 9721 of the Sentencing Code, trial courts are empowered to impose a sentence consisting of one or more alternatives including, inter alia , imprisonment, probation, or CIP. 42 Pa.C.S. § 9721. While Section 9721 generally permits a sentencing court to exercise its discretion in choosing an appropriate sentence, under certain circumstances, various other statutes mandate that sentencing courts impose mandatory minimum and maximum sentences instead. See, e.g., 42 Pa.C.S. § 9718.2 (prescribing mandatory minimum sentences for second and subsequent offenders of various sexual offenses).

Section 3804 of our DUI statute contains one such mandatory sentencing scheme, with penalties enhanced based on prior DUI offenses or a determination that the defendant is "in need of additional treatment." See 75 Pa.C.S. § 3804 ; see also 75 Pa.C.S. § 3814 (mandating "a full assessment for alcohol and drug addiction" where certain specified conditions are met).

Relevant to the instant matter, Section 3804(d) provides that, "[i]f a person is sentenced pursuant to this chapter and, after the initial assessment required by Section 3814(1), the person is determined to be in need of additional treatment pursuant to Section 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum." 75 Pa.C.S. § 3804(d). As our Supreme Court has recognized, the purpose of the maximum sentence mandate is to ensure that offenders "complete needed treatment." Commonwealth v. Taylor , 628 Pa. 547, 104 A.3d 479, 492 (2014).

At first glance, the statutes permitting CIP sentences and the statutes mandating minimum DUI sentences may seem inconsistent. However, as this Court has recognized, the legislature adopted CIP "to give judges another sentencing option" specifically one that "would lie between probation and incarceration with respect to sentencing severity; to provide a more appropriate form of punishment/treatment for certain types of non-violent offenders; to make the offender more accountable to the community; and to help reduce the county jail overcrowding problem while maintaining public safety." Williams , 941 A.2d at 24 (quotation omitted).

Moreover, Sections 9721 and 9763 specifically permit trial courts to consider CIP for DUI offenders for first, second, or third offenses, in spite of any mandatory minimum sentence elsewhere prescribed by law.³ 42 Pa.C.S. §§ 9721 ; 9763. As this Court has previously recognized, the DUI statute and the Sentencing Code may be read together to permit a trial court to avoid a mandatory minimum sentence in favor of a sentence of CIP for certain qualified offenders. Williams , 941 A.2d at 26.

This Court has repeatedly reaffirmed the right of sentencing courts to consider CIP and rebuffed local efforts to eliminate or handicap this discretion. See, e.g. Commonwealth v. Jurczak , 86 A.3d 265, 271–72 (Pa. Super. 2014) (rejecting county CIP plan that required all DUI offenders to serve one-third of any applicable...