Commonwealth v. Myers
Commonwealth v. Myers
Opinion of the Court
OPINION
This appeal arises from the drug trafficking conviction of Appellant, Deborah A. Myers. Following a jury trial, Appellant was convicted of one count of possession with intent to deliver a controlled substance and one count of criminal conspiracy.
The evidence, as found by the trial court, established that on March 16,1994, agents from the Tri-County Drug Task Force and agents from the Pennsylvania Office of the Attorney General were in the process of investigating a marijuana trafficking operation involving Appellant and her husband, Dean Myers Sr. In the course of their investigation, the officers received notice that Appellant was driving towards 702 State Street in the Borough of Lemoyne. The police observed Appellant and her husband, as they arrived at 702 State Street in a Budget Rent-A-Van. After the van stopped, the officers approached, identified themselves, and explained that they were investigating the involvement of Appellant and her husband in drug trafficking. The police then administered Miranda warnings. Thereafter, both Appellant and Dean Myers indicated that the van contained marijuana.
A subsequent search of the van revealed what appeared to be several wrapped Christmas gifts. Appellant identified a large gift-wrapped box and stated that the box contained marijuana. When the investigating officers opened the package, they discovered vegetable material surrounded with Contact paper. Preliminary field testing revealed that the vegetable matter was marijuana. Appellant was arrested, and charged with one count of possession with intent to deliver a controlled substance and one count of criminal conspiracy.
On March 28, 1995, the jury found Appellant guilty of possession with intent to deliver and conspiracy. At a June 20, 1995 sentencing hearing, no additional evidence was presented by either party regarding the weight of the marijuana. The Honorable George E. Hoffer sentenced Appellant to one to five years imprisonment pursuant to 18 Pa.C.S. § 7508(a)(l)(i),
Citing Commonwealth v. Edrington, 490 Pa. 251, 255, 416 A.2d 455, 457 (1980), the Superior Court applied a manifest abuse of discretion standard in reviewing the sentence imposed by the trial court. Commonwealth v. Myers, 452 Pa.Super. 299, 306-07, 681 A.2d 1348, 1352 (1996). Appellant essentially argues that since the sentencing court made a finding of fact regarding whether the weight of the marijuana triggered application of the mandatory minimum, the Superior Court erred in applying a manifest abuse of discretion standard on review. For the reasons which follow, we agree with Appellant.
In Commonwealth v. Powell, 527 Pa. 288, 590 A.2d 1240 (1991), this Court explained that “ ‘[a]buse of discretion’ is synonymous with a failure to exercise a sound, reasonable, and legal discretion. It is a strict legal term indicating that appellate court is of [the] opinion that there was commission of an error of law by the trial court.” Id. at 298 n. 8, 590 A.2d at 1245 n. 8. Therefore, our Courts apply the abuse of discretion.
However, we do not use a manifest abuse of discretion standard to review the factual findings and credibility determinations of the trial court. In Commonwealth of Pennsylvania, Dept. of Transp., Bureau of Driver Licensing v. O’Connell, 521 Pa. 242, 555 A.2d 873 (1989), a license suspension case, this Court noted that its scope of review is limited to determining whether the findings of fact of the trial court are supported by competent evidence and whether the trial court committed an error of law or abuse of discretion. Id. at 248, 555 A.2d at 875. However, the Court then clarified the appropriate standard for reviewing the trial court’s credibility determinations, stating that:
[questions of credibility and conflicts in the evidence presented are for the trial court to resolve, not our appellate courts.... As long as sufficient evidence exists in the record which is adequate to support the finding found by the trial court, as factfinder, we are precluded from overturning that finding and must affirm, thereby paying the proper deference due to the factfinder who heard the witnesses testify and was in the sole position to observe the demeanor of the witnesses and assess their credibility.
Id. at 248, 555 A.2d at 875 (citations omitted). See also Commonwealth v. Slaton, 530 Pa. 207, 208, 608 A.2d 5, 5 (1992) (in reviewing a suppression court’s ruling, we are bound by those factual findings of the suppression court which are supported by the record); In re Estate of Lux, 480 Pa. 256, 263, 389 A.2d 1053, 1056 (1978) (in Orphans’ Court division,
The initial determination of whether the Commonwealth proves that the mandatory minimum applies under Section 7508 is reserved by statute for the sentencing court.
Therefore, since the subject of appellate review rests with whether or not the sentencing court finds that Section 7508 applies, the two potential scenarios warrant different standards of review. In cases where the sentencing court finds that Section 7508 applies, the manifest abuse of discretion standard is appropriate for reviewing whether the imposition of sentence comports with the mandatory minimum requirements. However, the manifest abuse of discretion standard is inappropriate when reviewing the sentencing court’s initial determination regarding the applicability of Section 7508, because such review examines only the court’s
This Court has yet to establish the appropriate standard when reviewing the trial court’s application of the facts to the mandatory minimum provisions of Section 7508. However, the Third Circuit Court of Appeals addressed a similar issue with regard to Federal Sentencing Guidelines. In United States v. McDowell, 888 F.2d 285 (3d Cir. 1989), the Court discussed the appropriate standard of review for cases applying the Federal Sentencing Guidelines to the district court’s factual determinations.
The court of appeals shall give due regard to the opportunity of the district court to judge the credibility of the witnesses, and shall accept the findings of fact of the district court unless they are clearly erroneous and shall give due deference to the district court’s application of the guidelines to the facts. 18 U.S.C.A. § 3742(e).
Id. at 291 (emphasis added). The McDowell Court, finding that the only challenge before it involved a factual determination, stated that it reviewed the claim “only to ensure that it is not clearly erroneous.” Id. See also United States v. Miele, 989 F.2d 659, 663 (3d Cir. 1992)(“[w]ith respect to the court’s findings of fact, the government bears the burden of proof by a preponderance of the evidence.... We review these findings to determine whether they are clearly erroneous.”).
Upon review, we find the rationale of McDowell applicable to sentencing cases involving Section 7508. Therefore, like the Third Circuit, we will accept the findings of fact of the sentencing court unless they are clearly erroneous, since this adopts a standard which affords due deference to the fact-
The Commonwealth argues that the mandatory minimum sentencing provisions of Section 7508 relieved the sentencing judge of discretion to impose sentence for possession of 2-10 pounds of marijuana where evidence indicated the marijuana weighed 10.04 pounds. The interplay between Section 7508’s mandatory riiinimum provisions and the sentencing judge’s discretion was discussed in Commonwealth v. Carroll, 438 Pa.Super. 55, 651 A.2d 171 (1994). In Carroll, police found the defendant in possession of 2.7 grams of heroin. Section 7508(a)(2)(i) mandates a minimum of two years imprisonment “when the aggregate weight of the compound or mixture containing the substance is at least 2.0 grams and less than ten grams.” 18 Pa.C.S. § 7508(a)(2)(i). At the sentencing hearing, evidence was offered that some of the heroin was intended for consumption, not delivery. The sentencing court credited this information, and found by a preponderance of the evidence that Section 7508(a)(2)(i) did not apply. Carroll, 438 Pa.Super. at 59, 651 A.2d at 172. In affirming the sentencing court’s ruling, the Superior Court stated that “... before imposing a mandatory minimum sentence, a sentencing court must determine whether the offense for which the defendant was convicted falls within the parameters of the sentencing scheme. This requires a separate determination by the sentencing court.” Id. at 58, 651 A.2d at 173 (citing 18 Pa.C.S. § 7508(b)).
The Carroll court accurately noted that Section 7508(b) reserves by statute for the sentencing court the determination of whether the amount of drugs in question meets the requirements for application of the mandatory minimum. Id. at 58, 651 A.2d at 173. Procedurally, the weight of the drug, and therefore, the applicability of the mandatory minimum, is not at issue during the trial. It is only after a guilty verdict that the weight of the controlled substance becomes an issue for purposes of sentencing.
[Appellant] was convicted of possessing a single, gift-wrapped package of marijuana which was subsequently determined to weigh in excess of ten pounds. Since the package as seized was not capable of apportionment, Mrs. Myers either possessed the entire package or she did not and, in light of the jury’s verdict, the sentencing court erred in redetermining that she possessed only two to ten pounds, and not the entire 10.04 pounds of the package.
Id. at 312, 681 A.2d at 1355 (emphasis added). The Superior Court concluded that since the marijuana’s weight was adjudicated during trial, that same fact was not within the province of the court to reassess for sentencing. However, both the language of Section 7508(b), and Carroll, clearly indicate that the provisions of the mandatory sentence section are not an element of the crime, and that “[t]he applicability of this section shall be determined at sentencing.” 18 Pa.C.S. § 7508(b); Carroll, 438 Pa.Super. at 58, 651 A.2d at 172. As a result, the jury found Appellant possessed the marijuana, but were never asked, nor did their verdict slip indicate, how much the marijuana weighed. Therefore, a determination of the weight of the marijuana was reserved for the sentencing court as is consistent with 18 Pa.C.S. § 7508(b). Thus, the Superior Court erred in finding that the marijuana was “subsequently determined to weigh in excess of ten pounds.” Myers, 452 Pa.Super. at 312, 681 A.2d at 1355.
The instant matter is not a case where the sentencing court reassessed findings. Therefore, Jones and Mayes are distinguishable.
Reviewing the finding of the sentencing court in this matter, it is clear that the sentencing judge was not convinced that the weighing process was reliable. The Commonwealth presented testimony that the marijuana weighed 10.04 pounds, just over the ten pounds required for application of Section 7508(a)(1)(ii). Judge Hoffer stated that the evidence admitted at trial regarding weight was ambiguous, and in light of the potential for discrepancies in the weighing process, found by a
Since our standard of review does not permit an appellate court to challenge the sentencing court’s credibility determinations, the Superior Court erred by substituting its evaluation of Beshore-Strohm’s testimony for that of Judge Hoffer. Further, in finding that Judge Hoffer incorrectly redetermined the marijuana’s weight, the Superior Court also misinterpreted Section 7508(b)’s plain language that “the applicability of this section shall be determined at sentencing.” 18 Pa.C.S. § 7508(b). Therefore, we cannot find the sentencing court’s decision clearly erroneous. Accordingly, we vacate the judgment of the Superior Court, and reinstate the Order of the Court of Common Pleas.
. Section 7508(a)(1)(i) & (ii) states:
(1) A person who is convicted of violating ... The Controlled Substance, Drug Device and Cosmetic Act, where the controlled substance is marijuana shall, upon conviction be sentenced to a mandatory term of imprisonment and a fine as set forth in this subsection:
(i) when the amount of marijuana is at least two pounds, but less than ten pounds ... one year in prison and a fine of $5,000 ...
*574 (ii) when the amount of marijuana involved is at least ten pounds, but less than fifty pounds ... three years in prison and a fine of $15,000 ...
18 Pa.C.S. § 7508(a)(1)(i) & (ii).
. Section 7508(b) states in pertinent part:
(b) Proof of sentencing.-Provisions of this section shall not be an element of the crime.... The applicability of this sentence shall be determined at sentencing. The court shall consider evidence-presented ... and shall determine, by a preponderance of the evidence, if this section is applicable.
18 Pa.C.S. § 7508(b).
. Although we are not bound by the decisions of federal courts inferior to the United States Supreme Court, the McDowell Court's interpretation of the Federal Sentencing Guidelines provides guidance for our review of Section 7508's mandatory minimum provisions. See Commonwealth v. Clark, 551 Pa. 258, 710 A.2d 31, 39 (1998) (although we are not bound by decisions of federal courts inferior to the United States Supreme Court, we may look to them for guidance).
Dissenting Opinion
dissenting.
Because I cannot agree that it is necessary to adopt the “clearly erroneous” standard of review for appellate review of factual determinations of the sentencing court made pursuant to 18 Pa.C.S. §7508, I must respectfully dissent. Also, I cannot agree that the Superior Court in the instant matter improperly substituted its judgment of facts for that of the sentencing court.
As noted by the Majority, we granted allocatur to determine whether the Superior Court in the instant matter applied the proper standard of review to the sentencing court’s determination. Finding that this court has yet to define the appropriate standard of review in cases involving the mandatory provisions of Section 7508, the Majority, in reliance upon a decision of the
The Majority concludes that the Superior Court here erroneously substituted its own determination of the facts for that of the sentencing court.
As the Majority so notes, the testimony of Ms. Beshore-Strohm was the only evidence presented regarding the weight of the marijuana. In order to set forth my position, it is necessary to review all of her testimony respecting the weighing process actually conducted here.
At the time of sentencing, the sole argument of defense counsel respecting the weight was:
*584 There was testimony concerning the weight scale that was used. I do not believe that it was calibrated, but — and the possibility, also, of seeds and stems which were — which were included in the marijuana, of which case there was no testimony that the seeds were actually capable of germination. I would request that if Your Honor would find that, that it would be less than — you could arrive at an amount less than the ten pounds.
(N.T. 6/20/98 p. 4). The Commonwealth responded that the testimony of Ms. Beshore-Strohm established that the marijuana weighed in excess of ten pounds. The trial court then stated:
Mrs. Myers, a jury found you guilty in the case. I have no question about that whatsoever, nor do I have any doubts about your conviction. You are forty-three years old, and you evidently have some serious health problems at this time. For that, I sympathize with you. I don’t sympathize with you when you say you didn’t know anything about this whole marijuana proposition. The jury found otherwise. However, I do believe that your involvement in it is to something of a lesser extent than your son and your husband.
The D.A. is asking for a mandatory sentence because the weight of the marijuana just edges the scale over ten pounds. I’m going to give you the benefit of the doubt on that and whatever happens happens.
(N.T. 6/20/95 pp. 10-11). The trial court then sentenced Appellant consistent with possession of only two to ten pounds thus rejecting the mandatory sentence sought by the Commonwealth. In an opinion filed pursuant to Pa.R.A.P.1925, the trial court noted that it found the evidence regarding weight to be “ambiguous.” In support of that finding, the trial court stated:
Although Ms. Beshore-Strohm testified that the top-loading balance was calibrated by the manufacturer on a yearly basis, she also testified that she did not verify the accuracy of the scale. Additionally, we note that neither party presented additional evidence at the sentencing hearing to clarify this ambiguity. In light of this, and the*585 potential for discrepancies in the weighing process, we determined by a preponderance of the evidence that the mandatory minimum sentence under 18 Pa.C.S. §7508(a)(l)(ii) was not applicable.
(tr. ct. op. at pp. 6-7).
In my opinion, the Majority’s determination to reverse the Superior Court’s decision is in error. First, I believe the Majority misinterprets the Superior Court’s decision when the Majority, at page 653, finds that the Superior Court improperly concluded that the weight of the marijuana was an “adjudicated fact” of the jury. A fair reading of the entire Superior Court opinion reveals that the “adjudicated fact” to which it refers is the jury’s finding that Appellant possessed the package of marijuana; not that the weight of the marijuana was adjudicated by the jury. On this point, I interpret the Superi- or Court as noting that since the jury convicted Appellant of possessing this precise package of marijuana, and since the package was not capable of apportionment, and since, as already determined by that Court, the package was later determined by a preponderance of the evidence to weigh in excess of 10 pounds, the trial court, in deciding to sentence Appellant consistent with having possessed less than 10 pounds, in effect, improperly redetermined the adjudicated fact that she possessed the package.
Moreover, I cannot agree with the Majority’s conclusion that the Superior Court re-determined credibility because, as noted above, the Superior Court concluded only that the
A careful reading of the Superior Court decision reveals that rather than applying an erroneous standard of review, that court concluded that the evidence submitted at sentencing met the preponderance of the evidence standard set forth in §7508(b). In so concluding, the Superior Court simply focused upon the entirety of the testimony; it did not impose its own assessment of credibility as suggested by the Majority.
For all these reasons, I dissent.
. The Majority later construes the Superior Court's decision as being an improper challenge to the sentencing court's "credibility determinations” respecting the testimony of Ms. Beshore-Strohm.
. Pa.C.S. §7508 provides that the court shall determine by a preponderance of the evidence if the mandatory minimum sentence applies.
. I point out as well that I disagree with the Majority's initial conclusion that the Superior Court improperly applied the manifest abuse of discretion standard. As the Majority so notes, “abuse of discretion” simply means that the appellate court is of the opinion that the trial court committed an error of law. In this instance, the Superior Court believed that the record evidence established that the Commonwealth had met its burden of proving by a preponderance of the evidence that the marijuana weighed in excess of 10 pounds and that the trial court, therefore, committed an error of law.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellee, v. Deborah Ann MYERS, Appellant
- Cited By
- 29 cases
- Status
- Published