Commonwealth v. Warrick
Commonwealth v. Warrick
Opinion of the Court
This is an appeal from the lower court’s order denying appellant’s pre-trial motion to quash the magistrate’s transcript on the ground that double jeopardy prevents his prosecution for escape, 18 Pa.C.S.A. § 5121(a).
On December 5, 1983, after having been found guilty of possession of narcotics before Municipal Court Judge Lipschutz, appellant fled the courtroom. He was captured a short time later and returned to Judge Lipschutz, who held him in contempt of court and sentenced him to six months imprisonment. Appellant appealed that finding and subse
We believe that Commonwealth v. Allen, 506 Pa. 500, 486 A.2d 363 (1984), aff'g in part and rev’g in part, 322 Pa. Superior Ct. 424, 469 A.2d 1063 (1983), is dispositive of appellant’s first contention. In Allen, our Supreme Court found that joinder of a criminal contempt charge with criminal charges was not required by either 18 Pa.C.S.A. § 110 (when prosecution barred by former prosecution for different offense) or by the “compulsory joinder rule” of Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432, vacated and remanded, 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973) (Campana I), on remand, 455 Pa. 622, 314 A.2d 854, cert. denied, 417 U.S. 969, 94 S.Ct. 3172, 41 L.Ed.2d 1139 (1974) (Campana II). Commonwealth v. Allen, supra 506 Pa. at 506-07, 486 A.2d at 366-67.
Appellant’s second contention is also meritless. As this Court noted in Allen:
Distinguishable are cases where defendants are summarily held in contempt of court. See United States v. Rollerson, 308 F.Supp. 1014 (D.D.C. 1970), aff'd, 449 F.2d 1000 (D.D.Cir. 1971); State v. Warren, 186 N.J.Super. 35, 451 A.2d 197 (1982); United States v. Mirra, 220 F.Supp. 361 (S.D.N.Y. 1963). In summary contempt proceedings the contemnor does not suffer the harassment of separate trials and, therefore, the policies and goals underlying the protection against double jeopardy are not offended.
322 Pa. Superior Ct. at 434 n. 11, 469 A.2d at 1068 n. 11.
Affirmed.
. The subsection reads as follows:
A person commits an offense if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.
. Allen involved a contempt hearing as opposed to a summary proceeding. Even in that case our Supreme Court held that double
Concurring Opinion
concurring:
I join in the majority’s conclusion that Commonwealth v. Allen, 506 Pa. 500, 486 A.2d 363 (1984), aff'g in part and rev’g in part, 322 Pa. Super. 424, 469 A.2d 1063 (1983) disposes of appellant’s claim that the instant charges should have been consolidated.
Regarding appellant’s second contention, I concur in the result but must respectively refrain from joining the majority in its reasoning. Rather than further complicating the law on contempt by drawing a distinction between a summary proceeding and a contempt hearing for double jeopardy purposes, I would adopt the reasoning of the lower court which held that the crimes at issue involve separate statutory elements and, consequently, require the proof of separate facts. (Slip op. at 5-8) See Commonwealth v. Allen, supra, 506 Pa. at 510, 486 A.2d at 368-70. See also Illinois v. Vitale, 447 U.S. 410, 100 S.Ct. 2260, 65 L.Ed.2d 228 (1980); Brown v. Ohio, 432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977); Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). As our nation’s
[T]he Court’s application of the [Blockburger] test focuses on the statutory elements of the offense. If each requires proof of a fact that the other does not, the Blockburger test is satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes.
Id. at 785 n. 17, 95 S.Ct. at 1294 n. 17, 43 L.Ed.2d at 627 n. 17.
In the instant case, the crimes of contempt
. 42 Pa.C.S.A. § 4132 provides:
§ 4132. Attachment and summary punishment for contempts
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:
(1) The official misconduct of the officers of such courts respectively.
(2) Disobedience or neglect by officers, parties, jurors or witnesses of or to the lawful process of the court.
(3) The misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.
. 18 Pa.C.S.A. § 5121 defines the crime of escape as follows:
§ 5121. Escape
(a) Escape. — A person commits an offense if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. James WARRICK, Appellant
- Cited By
- 10 cases
- Status
- Published