Trybend v. Commonwealth, Department of Transportation, Bureau of Driver Licensing, 110819 PACCA, 33 C.D. 2019
|Docket Nº:||33 C.D. 2019|
|Opinion Judge:||P. KEVIN BROBSON, JUDGE|
|Party Name:||Kevin D. Trybend, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing|
|Judge Panel:||BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge|
|Case Date:||November 08, 2019|
|Court:||Commonwealth Court of Pennsylvania|
OPINION NOT REPORTED
Submitted: July 5, 2019
BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge
P. KEVIN BROBSON, JUDGE
Appellant Kevin D. Trybend (Trybend) appeals from an order of the Court of Common Pleas of Washington County (trial court), dated December 10, 2018. The trial court dismissed Trybend's statutory appeal from the six-month suspension of his operating privilege imposed pursuant to former Section 1532(c) of the Vehicle Code, 75 Pa. C.S. § 1532(c) (pertaining to suspension of operating privilege).1 We affirm the trial court's order.
By notice dated February 6, 2018, the Department of Transportation, Bureau of Driver Licensing (Department), notified Trybend that it had suspended his driving privilege for a period of six months as a result of his January 26, 2018 conviction for violating Section 13(a)(30) of the Drug Act, 35 P.S. § 780-113(a)(30).2 (Reproduced Record (R.R.) at RR006.) Trybend timely appealed the Department's notice to the trial court, asserting that he had not been convicted of a violation of Section 13(a)(30) of the Drug Act, and, therefore, the Department erroneously suspended his license.
On November 7, 2018, the trial court conducted a de novo hearing on Trybend's appeal. At the hearing, the Department submitted into evidence: (1) Trybend's official notice of suspension; (2) a DL-21D (10-15) Form, titled "Report of a Court Showing the Conviction of Certain Violations of the [Drug Act]" (Conviction Report); and (3) Trybend's certified driving record. (R.R. at RR044-56.)
The Conviction Report is a standard form that a clerk of court uses to fulfill reporting obligations under Section 6323(1)(i) of the Vehicle Code, 75 Pa. C.S. § 6323(1)(i).4 The form includes a number of boxes that are to be checked for various violations of Section 13 of the Drug Act, 35 P.S. § 780-113, specifically subsections (a)(12), (a)(16), (a)(30), (a)(31), and (a)(36). Notably, the Conviction Report also directs the clerk of court to check the box if a person is convicted of any of the inchoate offenses of Criminal Attempt (18 Pa. C.S. § 901), Criminal Solicitation (18 Pa. C.S. § 902), or Criminal Conspiracy (18 Pa. C.S. § 903) as they relate to the offenses under Section 13 of the Drug Act listed on the form. (R.R. at RR049.) Trybend's Conviction Report shows a checked box next to Section 13(a)(30) of the Drug Act, apparently to indicate that he was convicted of a violation of Section 13(a)(30) of the Drug Act or convicted of an inchoate offense related thereto-i.e., Sections 901-903 of the Crimes Code, 18 Pa. C.S. §§ 901-903. (Id.) Trybend's certified driving record identifies a conviction for a violation of Section 13(a)(30) of the Drug Act. (R.R. at RR054.)
Additionally, the Department presented a printout of the docket entries for Trybend's underlying criminal case, which lists the charges and the disposition thereof. (R.R. at RR057-65.) Trybend objected to the exhibit because the printout was not a certified, official copy of the criminal docket entries. The trial court admitted the exhibit over objection. (R.R. at RR039.)
In response to the Department's evidence, Trybend offered the trial court's sentencing order, dated January 26, 2018 (Sentencing Order), relating to Trybend's underlying criminal case. The Sentencing Order provided, in relevant part, as follows: AND NOW, this 26th day of January, 2018, the Court having accepted [Trybend's] open plea on August 18, 2017, and based upon [Trybend's] cooperation with the Commonwealth, the Court hereby sentences [Trybend] as follows:
On the charge of Criminal Use of Communication Facility, [18 Pa. C.S.] § 7512(a), a Felony of the 3rd Degree, [Trybend] is sentenced to pay the costs of prosecution and be placed in the Intermediate Punishment Program for a period of twenty-three (23) months under the supervision of the Washington County Adult Probation Office. The first six (6) months of which shall be served on an electronic home monitor, with costs taxed to [Trybend].
On the charge of Criminal Conspiracy, [18 Pa. C.S.] § 903(a)(1), an ungraded Felony, [Trybend] is sentenced to be placed in the Intermediate Punishment Program for twenty-three (23) months under the supervision of the Washington County Adult Probation Office. The first six (6) months of which shall be served on an electronic home monitor. This sentence shall run concurrently to the sentence imposed above.
. . . .
All remaining charges in the Commonwealth's Criminal Information are hereby nolle prossed.
(R.R. at RR067-68.)
Trybend argued that the Sentencing Order does...
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