HomeMy WebLinkAbout94-07037
COMl\llINWEAJ.TII In' l'ENNS\'t.\'ANtA
IlEl'A1HMENT Ot' TRANSI'ORfATlON
Office of Chief Counsel
103 Transportation and Safety Building
Harrisburg, Pennsylvania 17120
AprilS, 1995
IIl,DfI..,,~
i'n
~
05,213891
l!lllfPl'''HlIIIO
Honorable Kevin A. Hess, Judge
Cumberland County Courthouse
I Courthouse Square
Carlisle, Pennsylvania 17013
Re: Gardner v. Penn DOT
94- 7037 Civil Term
Dear Judge Hess:
A hearing in the above referenced mailer was held on February 16, 1995. At
that hearing the issue was raised whether the Department could suspend a motorist for two
one year periods where a motorist caused two deaths as a result of an accident. Please
accept this leller as the Department's post hearing submission for this case.
At the hearing, the Department cited Frontini v. Department of
Transportation, 527 Pa, 448, 593 A.2d 410(1991), However, in Frontini, the court addressed
the question of whether an accident which resulted in three deaths was one act or three for
habitual offender purposes, The Court, although remanding the case back to the lower
court, did not address the propriety of the separate one year suspensions; one for each of
the violations.
However, the Commonwealth Court did address the issue in Department of
Transportation. Bureau of Driver Licensinll v, Korenich, Pa, Commonwealth Ct. ,
650 A.2d 1141(1994}. In Korenich, Commonwealth Court held that Section 1532 oTil\e
Vehicle Code does not require that each conviction arise out of a separate act. Korenich
at _, 650 A.2d at 1145. Accordingly, when multiple convictions arise from one act,
although the convictions count as one act for habitual offender purposes, each conviction
is separately suspendable. Korenich.
In this case, there are two convictions of homicide by vehicle. Accordingly,
the Department properly suspended Mr. Gardner's operating privilege in Pennsylvania for
two 1 year periods pursuant to Section 1532 of the Vehicle Code, Therefore, the appeal
in the above-referenced mailer should be denied.
Respectfully submilled,
r/aMiJy #
Mallhew X. Haeekler
Assistant Counsel
Department of Transportation
220/MXH/jlp" (717) 787-2830
cc: Taylor Andrews, Esquire
Recycled P8per \~
,
.
'- I..A II 1 , I A. " ,~ \ . I J t (t
___~Y'('C(.(V\'. ill,}. IC,I ,h '0\"'--"10' ~ /-.. .~I"'~l ." - .t(fl., ,.."
.
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT
LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
COMMONWEALTH OF PENNSYLVANIA, Department of Transportation,
Bureau of Driver Licensing, Appellant,
v.
Todd KORENICH, Appellee.
No, 1964 C.D, 1990, No. 1965 C,D, 1990,
Commonwealth Court of Pennsylvania.
Submitted Jun. 3, 1994,
Filed Nov, 15, 1994.
Before: DOYLE, Judge KELLEY, Judge NARICK, Senior Judge.
JUDGE DOYLE,
------------------------ Page 1994 WL 633762 *1 follows ------------------------
The Department of Transportation (DOT) appeals an order of the Court of
Common Pleas of Allegheny County which modified the period of revocation of the
operating privileges of Todd Korenich,
The facts are undisputed, On November 10, 1987, Korenich pled guilty to a
multi-count information arising out of two unrelated incidents or episodes which
occurred on June 16, 1987, and July 9, 1.987. On each occasion Korenich was
arrested for, among other things, possessing a stolen vehicle, In his brief to
the trial court, Korenich admitted that on June 16, 1987, he was in possession
of a 1984 Chevrolet Camaro, which was subsequently determined to be stolen, and
that he had fraudulently altered the vehicle identification numbers and the
owner's registration. Similarly, on July 9, 1987, he was in possession of a
Chevrolet Camaro Z28, which was also determined to be stolen and to have
fraudulently altered identification numbers and owner's registration. As a
result of his guilty plea, he was convicted of four violations of the Vehicle
Code (FNl) and four violations of the Crimes Code. (FN2) On November 10,
1987, he was sentenced for all of the convictions to seven years probation and
ordered to pay $ ~OOO in restitution.
During the period of May 1988 through August 1988, the Department of
Transportation issued eight notices of revocation on eight different dates.
Each of the revocation notices were predicated on Korenich's November 1987
convictions, and revoked his operating privileges for a total of seventeen years
pursuant to Sections 1532 and 1542 of the Vehicle Code (VC or Vehicle Code), 75
Pa. C.S. Secs. 1532 and l542.
Korenich appealed all of the revocations to the trial court in four statutory
appeals. (FN3) The trial court consolidated the appeals, and, in four orders
entered on August 15, 1990, vacated or modified seven of the eight revocations.
Korenich did not appeal any of these orders. DOT appeals one order of the trial
court which decided four revocations encompassed within four notices of
revocation mailed between August 1, 1989, and August 10, 1989, (FN4) In these
four notices DOT revoked Korenich's operating privileges for eight years. The
trial court vacated two of the revocations and modified tWO..Of the revocations, )
~~Yr~ht (c) ~est PUbliShing co! 1994 No c~aim"to original U.S. GO~t:~o~s.
Pa. Reporter, 481-647 A;2d 1994. WL ~33762h coml\l'WeaN:h. De6artmen of
ansportation, Bureau of Driver Licens}.pg v, Koren.l.cpl (Todd):\Qil<cmwlth. 9~4 /
which reduced Korenich's revocation period from eight years to six years. (FN5)
All of the issues on appeal are derived from the last DOT notice of
revocation dated August 10, 1988, (FN6) Ttlat notice, which revoked Korenich's
license for two years pursuant to VC section 1542(e), was based on Korenich's
conviction of violating VC Section 7l03(b) (dealing in vehicles with falsified
identification numbers) on June 16, 1987. The trial court had previously held
that Korenich was a habitual offender as defined by Section 1542(b) of the
Vehicle code, since he had been convicted of three other offenses arising from
neparate acts within five years, including a conviction for another violation of
VC Section 7l03(b), (See note 5, supra.) The conviction at issue in DOT's
August 10, 1988 notice was Korenich's fourth conviction in five years, and a
licensee who has had four convictions (as enumerated in section 1542 of the
Vehicle Code, arising from separate acts) is assessed an additional two-year
revocation ~ursuant to Section l542(e). In disposing of the August 10, 1988
notice, the trial court concluded that Korenich's conviction of VC seotions
7102(b) and 7103(b) during the same June 16, 1987 episode, were not "separate
acts" within the meaning of VC section 1542:
------------------------ Page 1994 WL 633762 *2 follows ------------------------
[A] review of the records of the criminal case ". indicates that Appellant
committed but a single act which led to his pleading guilty to sections
7102(b) and 7l03(b) of the Vehicle Code; i,e., he removed or falsified an
identification number of a vehicle (Sec, 7102(b)), and he had in his
possession the same vehicle, knowing that the identification number had been
removed or falsified (Sec. 7103(b)).
(Trial court opinion at 3-4.) (Emphasis added.) Accordingly, the trial
court held that DOT's assessment of a two-year revocation pursuant to section
1542(e) fo~ a fourth conviction was improper and vacated the August 10 notice.
On appeal DOT argues that the trial court erred in failing to impose a
two-year revocation under section 1542(e) as a matter of law. In the
alternative DOT argues that even if the two conviotions do "merge" for the
purposes of section 1542, Korenich is subject at least to an additional
one-year revocation pursuant to VC seotion 1532(a).
DOT first argues that Korenich's operating privileges
two years under VC section 1542(e) for his conviction of
Section 1542 provides, in relevant part:
should be revo
VC section 3.
for
HcJo'+",,\ oIfc",Ja,(
(a) General rule, --- The department shall revoke e operating ~ct~
privilege of any person found to be a habitual off er pursuant to the N4
provisions of this section. A "habitual offen shall be any person whose r .
driving record, as maintained in the depart , shows that such person has
accumulated the requisite number of conv ions for the separate and distinct
offenses described and enumerated in section (b) committed after the
effective date of this title and in any period of five years thereafter.
(b) Offenses enumerat .---Three convictions arising from separate acts of
anyone or more of th ollowing offenses committed either singularly or in
combination by any rson shall result in such person being designated as a
habitual offende
Copyright (c) Wes Publishing Co. 1994 No claim to original U.S, Govt. works,
Pa. Reporter 48l-647 A,2d 1994 WL 633762, Commonwealth, Department of
Transport on, Bureau of Driver Licensing v. Korenich (Todd), (Pa,Cmwlth. 1994)
(1) Any offense set forth in section l5J2 (relating to revocation or/
suspension of operating privilege).
... .
Any additional offense committed within a
in a revocation for an additional period of
//
/
This Court reviewed Section 1542 in Ross v, Department of Ttansportation,
Bureau of Driver Licensing, l25 Pa. Commonwealth ct. 256, 557/A.2d 62, petition
for allowance of appeal denied, 524 Pa. 623, 571 A,2d 385 (19~~). We defined
the phrase "separate acts" within the meaning of section 15"1 thus:
I
Basically, this means that although all three [Vehicle] /code violations may
be committed in combination in the course of one gener~l factual episode, the
driver must also have done three completely different/improper things which
led to those Code violations in order to be consider9a a habitual offender,
(e) Additional offenses.
period of five years shall result
two years.
75 Pa,
C.S, Sec. 1542 (emphasis added),
;
I
Id. at 258-59, 557 A.2d at 63. The supreme court,s/holding in Frontini v.
Department of Transportation, 527 Pa, 448, 593 A.2d ~10 (1991), is also on
point. In that case, the licensee struck another vehicle, killing three of its
occupants, He subsequently pled guilty to, among other things, driving under
the influence and three counts of homicide by motor vehicle. DOT imposed a
one-year revocation for DUI pursuant to section 1532, a second year under
section 1532 for one homicide, a five-year revocation based on the licensee's
designation as a habitual offender under sectiop 1542(b) for the second
homicide, and an additional two-year revocatio for the third homicide under
Section 1542(e). Reversing this court, the S preme Court held that:
------------------------ Page 1994 WL 6337 2 *3 follows ------------------------
as the three convictions arose from a ingle act, they cannot be counted as
separate offenses for the purpose of Jmposing penalties under the habitual
offender statute, /
Id., 527 Pa. at 449, 593 A.2d at 411.
Thus, in order to determine whet~r the licensee has done "completely
different improper things," it is ~ecessary to examine the nature of the
offenses which give rise to a par~icular licensee's designation as a habitual
offender. This analysis has be~ described by this Court in Department of
Transportation, Bureau of Driver Licensing v. Maddesi, 138 Pa. Commonwealth ct.
467, 588 A.2d 580 (1991): /
.'
,
[S]eparate and distinct 9ffenses are not merged into a single act merely
because a licensee's conduct occurred during one continuous episode. Nor do
the acts coalesce mere~y because the citations read that they occurred at the
same time. In sum, we'concluded that the test to be applied is whether each
violation requires proof of a fact which the other does not. In other words,
... separate assign~ent of [penalties] for multiple violations arising from
the same act [is prphibited] only where proof of one violation also proves
copyright (c) West P~lishing Co. 1994 No claim to original U,S, Govt. works.
Pa. Reporter, 48l-647 A,2d 1994 WL 633762, Commonwealth, Department of
Transportation, Bureau of Driver Licensing v. Korenich (Todd), (Pa.Cmwlth. 1994)
another violation,
Id, at 473, 588 A,2d at 583 (citations omitted). (FN7)
DOT argues that, in the abstract, the elements of section 7102 of the Vehicle
Code (dealing in vehicles with falsified identification numbers) require proof
of different facts than are required under section 7103 (falsification of
identification numbers) and therefore Korenich's violations, as a matter of law,
arose from separate acts. DOT misconstrues the Maddesi test. It is not enough
to simply analyze the elements of an offense without consideration of the
factual proof which underlies each element.
section 7102 of the Vehicle Code requires the Comm6~wealth to prove three
elements: (1) that a person willfully: (2) remov~s or falsifies the vehicle
identification numbers on the vehicle or its var-fous parts; (3) with intent to
conceal or misrepresent the identity of a vehicle, 75 Pa. C,S. Sec, 7l02.
conversely, Section 7103 of the Vehicle Coqs'punishes a person who (1) buys,
receives, possesses, sells or disposes o('a vehicle or its parts, (2) with
knowledge that the identification numbers have been removed or falsified, (3)
with intent to conceal or misrepresent'the identity of a vehicle. 75 Pa. C.S.
Sec. 7103. After reviewing the cr)minal record, the trial court, in its August
15, 1990 order, found as fact t~~t "it is clear that the identical facts
underlying Appellant's convic~i6n under section 7102(b) ,.. also underlay his
conviction under section 71g3'(b),..," (Emphasis added.) Thus, Korenich's
conviction under Section 71"02 did not turn on the proof of a fact which was not
the basis of his convic~1on under section 7103, i,e" Korenich knew that the
vehicle identification/number had been removed or falsified because he had
removed the number~!mself. Since the facts of the case are not at issue in
this appeal, the/trial court's finding was absolutely correct; the two offenses
committed by Korenich did not arise from separate acts and therefore a penalty
pursuant to Section 1542(e) of the Vehicle Code is not appropriate,
,/
"
_______~_--------_-__-- Page 1994 WL 633762 *4. follows ------------------------
In the alternative, DOT argues that the trial court should have imposed a
one-year revocation for Korenich's conviction of VC section 7103 pursuant to VC
section 1532(a)(3). section 1532 provides, in relevant part, that:
The department shall revoke the operating privilege of any driver for one
year upon receiving a certified record of the driver's conviction of or an
adjudication of delinquency based on any of the following offenses:
.. ..
(3) Any violation of the following provisions:
section 3732 (relating to homicide by vehiCle).
section 3742 (relating to accidents involving death or personal injury).
section 7l02(b) (relating to removal or falsification of identification
number) .
section 7103(b) (relating to dealing i~ vehicles with removed or
falsified numbers),
copyright (c) West PUblishing Co. 1994 No claim to original U,S. Govt. works,
Pa. Reporter, 481-647 A.2d 1994 WL 633762, commonwealth, Department of
Transportation, Bureau of Driver Licensing v. Korenich (Todd), (Pa,Cmwlth, 1994)
section 7111 (relating to dealing in titles and plates for stolen
vehicles)...,
75 Pa. C.S. Sec, 1532(a) (emphasis added), Unlike Section 1542, section
15341 does not require that each conviction arise out of a "separate act."
Therefore, imposition of a one-year revocation for Korenich's violation of va
S8Ction 7103 on June 16, 1987, is proper,
Accordingly, we will modify the trial court's order to reflect an additional
one-year revocation pursuant to VC Section 1532(a), thereby increasing the
period of revocation from six years to seven years. (FNB) In all other
respects, the order of the trial court is affirmed,
o R D E R
NOW, November 15, 1994, the order of the Court of Common Pleas of Allegheny
county in the above-captioned matter is revoking the operating privileges of
Todd Korenich for six years modified to reflect an additional one-year
revocation of Korenich's drivers license, The order is affirmed in all other
respects.
FNl. Specifically, Korenich violated the following provisions of the Vehicle
Code:
Two counts of violating section 7103(b), 75 Pa. C.S, Sec. 7l03(b) (dealing
in vehicles with removed or falsified identification numbers);
One count of violating section 7102(b), 75 Pa. C.S. Sec, 7102(b) (removal
or falsification of identification numbers);
One count of violating section 7111, 75 Pa. C.S, Sec, 7111 (dealing in
titles and plates for stolen vehicles).
FN2. The relevant sections of the Crimes Code to which Korenich pled guilty are
Section 3925, 18 Pa. C.S. Sec, 3925 (receiving stolen property), and
section 3921, IB Pa. C.S, Sec. 3921 (theft),
FN3. Where all of the licensee's criminal convictions were obtained at a single
proceeding and the licensee's sole and individual operating privilege is
suspended or revoked, a licensee may file a single statutory appeal from
multiple notices of revocation or suspension. Hettich v. Department of
Transportation, Bureau of Driver Licensing, Pa. Commonwealth ct. , 646
A.2d 34 (1994); Department of Transportation, Bureau of Driver Licensing
v. Perruso, 160 Pa, Commonwealth ct. 49, 634 A,2d 692 (1993).
FN4. DOT also appealed a second order of the common pleas court dated August
15, 1990, but that appeal has been withdrawn.
FN5. Overall, Korenich had his revocation time reduced from seventeen years to
six years.
FN6. The trial court disposed of three other notices of revocation in the same
order, in the following manner,
copyright (c) West PUblishing Co. 1994 No claim to original U.S, Govt. works.
Pa. Reporter, 481-647 A,2d 1994 WL 633762, Commonwealth, Department of
Transportation, Bureau of Driver Licensing v, Korenich (Todd), (Pa.Cmwlth. 1994)
The court vacated the August 1, 1988 notice of revocation which was
predicated on Korenich's conviction for violating section 3921(a) of the
Crimes Code (theft of movable property) because (1) Section 3921 is a
misdemeanor and (2) a court did not determine that a vehicle was essentially
involved, hence there was no basis for the revocation pursuant to either
section 1532 or section 1542 of the Vehicle Code. Section 1532(a)(1) of
the Vehicle Code; section 1542(b)(5) of the Vehicle Code.
The August 5, 1988 revocation was predicated on Korenich's conviction of
Section 7102(b) of the Vehicle Code, and revoked his operating privileges a
a habitual offender, Since the trial court had vacated the revocations in
other orders, Korenich had not committed the requisite number of offenses.
However, the trial court found that Korenich was subject to a one year
suspension pursuant to section 1532(a) of the Vehicle Code.
The August 8, 1988 revocation was based on Korenich's conviction of vlolating
section 7111 of the Vehicle Code. Based on the trial court's previous
disposition of the various revocation notices, it found that the violation
constituted Korenich's third conviction within a five year period for
separate and distinct offenses enumerated in section 1542(b) and therefore
he was subject to a five year revocation as a habitual offender. This
conclusion was based on the following violations:
1. violation of section 7103(b) of the Vehicle Code committed on July 9,
1987 (May 13, 1988 Notice of Revocation affirmed by the trial court and not
appealed).
----------------------- Page 1994 WL 633762 *4_ follows ------------------------
2. Violation of section 7102(b) of the Vehicle Code committed on June 16,
1987 (August 5, 1988 Notice of Revocation, modified by the trial court in its
August l5, 1990 order).
3. Violation of section 7111 of the Vehicle Code committed on June 16, 1987
(August 8, 1988 Notice of Revocation),
FN7, This analysis was in the context of section 1535(b) of the Vehicle Code,
75 Pa. C.S. Sec. 1535(b) (relating to the assignment of points for multiple
offenses from the same act). However, the rationale applies equally to
Section 1542. See Ross.
FN8. This Court is vested with the authority to modify a penalty imposed by DOT
where the trial court has made findings of fact or conclusions of law
different from those made by DOT. Department of Transportation, Bureau of
Traffic Safety v. Antram, 48 Pa, Commonwealth ct. 135, 409 A.2d 492 (1979):
see also section 706 of the Judicial Code, 42 Pa. C.S, Sec. 706.
Copyright (c) West PUblishing Co. 1994 No claim to original U,S. Govt. works.
= ~ H i~ ~ '0 ~ .)l~ ~ '0 -:: j ~ i ~ 1 l~ '0 ] nq!l f! r~ t p 'ilss j ,t H q ~
... p ~ ~ t 1 a 'O~ !,a. J.. L I:: f= ~ 11 B ~ ~ ~ ~ .!J A ~ r ~ P ~ '~fm '11
.l! ;e~~; r~~~1~~!Uf Hj~h~i!Hh~ ~ 'I~'i; i J Ili'l
."jl~ "~I.s~n"~~~-'O~- ~~.ei ~~!~I~. ~ .)lJg1 ~~~J~.
_.g ~. 5 is ~ ~B '3,!j, c: i;l ,\! j e.... ~ i ,~] j 'g i e.... ~ ~l ... ':i.;.
~ ~~!-I.;il~j.tH~.sHj!:.~1 ~;HH~~Hdl ;-reilHi:i!~j'~ ~ ~
a ~ .., s ~. " ... ~ ~ . ~. = I ] J.: " ~ .2 1 " I" -Ill';;.. e d II a.. l.)l B . .
-so;. ..'~~.'.. .g..s'" ~ B' " S
~ h h t2 "I 11 · ~ ~ c [~3t ~ ~!.. ~ - n. < l~ n .s i '~I ~ I. os H ~ ~ f ~ ~
..ag:S"~ .3~'5t.l!.~!et~5:3..-_il...'5 ~.Jj !lA'.. 'R :JlJ.e
~aHl~ <!l..,Jejl.3!f~HF'~-'t--ht33dn':l"'- ~- .~E:J!:,J ~ ~
Iih~HHJ!il"~ .ls~]~~pnr'~.)l.:~He ~~~H'O'~P~I:ll~.t'..)l.t'.lI J
8 I . ~P' ~ ~ . D ~ ~ ~ 1! ~. - ...! . H ~.~ & ~ II ~ ~ ~ - t ~ "~i' !... ~ 1'0 II.>> ./Icl
gP~,5".s .~L ~ ~., ...d l ~ ~~ i Sf ~~ a1.l1~ Jl. ~]~ g{H qpf~~s:
~ B.:a] ~ 1 ~ }..d. ;; H.s}.d ~ ~;,- ~ pHs ~ 9!~ ~3 ~ 1 9 S 1 8 B j ]"
~ i~~'OLH~.s ~a~is .~~~~~]~L~~~~~ H~~:'ap~I.)l~Ue.)l~. ~~
B~e~H~8."_ ~~..6'8!~~.np':1i~, ~~ p~~~s..~e~g!lH~8'h f
irH;il~~;l t~I~~llj]~~ipql~: Hj~~di1~l~t;I.~1.t'~ !3~~
::::.)l1ilH2eq~~~1~a.s"dS.ll~~1~E~E ~'" ..~.)jSs~l::::il ~.l!~i)f I iH~
j" ; E ,d~.8 e.~. 0 ~ ~J '0 'll.s iil n .~ ~;; ~ ~ ~ .s~ _ s hd ; B I ~ ~ J! . S I ~l ~
. ~ ,1l il..a.)l ~ .<, ~ '3 . ] . - s ~ . "':~ ' ~ s .!! " a' -.)l -.. ,
. 1H!l dH",;,5 ~HU~HsHHH~;B'; '::sJl i~ fj~ ,U:11.d : ~
'1Ii~~J'IJII~l ~ j"-~1~ ~.w
.t' ~ '0 ~. :H oS 0 · ~~ - '~ ~~ ~ ~ OS ~ ~ : L
IJ~li~~JJlj~jj , i!!lli i!i~
~ j" ~ ~ ~ f ~~ ~ n ~ ~ 1 H g rh ~ H ~ ~ ~ ~ ti
jidjj'~l Ii~H U i~; ~ ~t! ~ja ~ ~~;~
~ 1 ~] ~ ! I;: ~ ~ 8 ~ ~ . ~ -; ~ :Iii ~ ~ !lY:; i a.. ~
~ ...~. ~ ~ ~ !!i.. ~.! ~ ~]" ~' H ~ t ~ ~ ~ ~ ~ i ~3~:! Jl j H:"
Iii.. "-... Ir' o.J c2 j.... i t~ J;' F ~ rt lE:g: ! _ .! 11 ~
:ll.:l ...,... - 0 :l. . " c "", .- "= '" ~ - a . C , ill - - '" -
~' .':'>1.. tJ:; :rz E:... . '0 hi,", ] ~ ,,d t~.. '3 ~.s
. - , ~ - ::lI 'S! 1:: 'i .l!i
U -i ~:~~e.1 ~ i~~~g~if. ~~;
~ I.t)...I: ~.. ~ e" .='~ "B g-.s] ~ - d,g
~ ..)l:ll 11 ~ H ; ~ ~ "~ .~ 1 r~ :;j ; .g= ~:p
< "_,gS'S,"s"c E ~ ~. ~'~.JJ'5 '"
s s::;~.~j~J~ ~" ~"E~a~t~t~"~~ !
j ~: ~ ~ A. ~.3'5 ~ .~~ 0 1! . . 0' ~ pp -
-". ~ .. a .-"'.1"~Js...'-,,;
PiJjlIH i ~ WI/He;l! .!-
~ i. ~ H 6 ~ S ~: ..; i ",i.)lid. - ~ t. r ~
o 5H~~Jstfhl ~ ~~ ~ fit~-H~LH
~ n i ~ a H S' , ~ z:llli:ll': i! ~ S L ~ ~~ ~ ~
~ ~ .. go tl 0 D .2,;' e :..~ t.E
~ H ~~
,I{ h ~~:l
~ 'O.:l ]~~
z ~1i ,e
Ii 00 ;:J'ill
'll 1 1Il
: D~J gt;~
:Jl ':;j" ~ tei"
~....g ii .,;<:::..
.3'" .!l ~~~
J '~e
~ ..~ 1S~ a~'" r ii!...l
"'C a.. ... ~
. .-
- .
'" 'a '''IN
~,: ~ '0 :;
o j: ~ 0
~ ~~i8Ji
1 ~~~~jj~
.a 0 <.0 a. r.n
" :Ii .. '" 0
* JI~o II)
8"'1:
.. II
!~
I .)jl
~ j.8
: rl.:
:5 ... ..:;j
:!; t' ~ .
~d
.
.,:, ~ c ~ ..
]1::.8 ~:
j ]i~
",.)j..6'
II 'e
;.)jS~]
pBoj
g I t~;
h"~ ~
n'~'OB
j~lH
.!l n
.. f ~ ' . , ~ f . . f d d.S ~ f f f f
~ - -
- ~ ~ ~
~ . ~
... ~ ':Iii , 'iI .~ '~ '. '~ '~ '~'~ Ie l~ l~ l~ H
~ . j~ l J ~-~. _ , i- ~ , - - -
t ~ ~~ ~~ ~3 ~3 ~3 !3 ~3 ~3 ~3~3 3
-< H~ ~:.i .l! :'.J. 0( ~o(
- I~ :il !~ t!; ij,. H 1- ;~ ;. l:i U un !e; I~ l:i I~ I~
~ ~. ,,~ "",C;
g ~ PI 1 ] 1 ] ]~- ] 1 1 ] ] ] ] ] ] ] ] ]
>- "'.... ~ li, ~ ! '~i !
~ (fJ z;:j L_
.. ~ ~~ ~_9_9_5_c_ Q , , ' ~ ~ ~ ~~ ' ~ ~ ~
0 lid ,"-~-~-~-J- -- ~~ iJi J~ i
tl Q" o.~ ~ ~ ~f ~~ 9 f ~ i ~~ ~~ ~~ 5~ ;! ~~ ~~ a= ~_~_5_i-
~ _::. ..1= ~::. == ;;.::. ..... - ....,..-
ill ~ ~[j ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~ s ~
~ 0 !e~ -! AI ~ ~ . ~ ~ ~ ~ ~ ~ ~
~ ~ 'i: ~ ~ ~ ~ s
~ 0;' ! ;;; s ~ .
.. E~ t : j
e 8 ~< 1 ~ t j j . '11 )
g , . ., I i i ~ oS
"'<" < ;>, ~
~ i a1: r .9 , 6 ! "
~ ~ 1 .lI
~, .. ~ 'lI j f f 3 ~ If
!5 J 1 ~ . ! ~ 1 Ii J ] 1 J
.
J . ~ iJ .;
~ ~ ~ 1 .; & ~
(fJ . ' ,E 1 , " ;J ;J j1
3. " ~ , j , , i " " , , "
] , j
..\ '31 ! ~ I J 1 j j j A a
I! ~- ~ 011
. ..;'
'lkP'.1J~~r1
5a-5.l!:.!~.e lHU 1 ~H~J~!rH,!tsft . ~11
dp~~g;~l'l g!B "..; -:H!~~iU~h 1.D
~HI~~~ji: ~~h ~p" d~~~].~-~U~ ~ i1
h]S.Ef'H .sS~j ~ g ~~~,.g .:;~ "1 I i!j
~ H~(~llhi ~hj j H ~~tHfH~H~j 'a m !!I
! ,~fi.~.!i~~1 iP!.J1 ~~ ~~ll}Hi~~~.rII ~l ~ III
IS ~ ~ S f ~ h 1 h, j ~ ~ ; ~ 1 ~= ~ s f ~ ~ ~ n. ~ j J ~ j J .
~ 'Bgi~~~~Hj!~l;l~J j~ j!~~,hHHi~ .~ rf ~ ~
:l S Ii 'li.8 ~ ' " ;I L , n 0 u,d a IH
u IS Bd-s~HH~'i;~rq .~iP."'''q~s'
~ H j 11f: Hg;H~ ~ ~~!i H~Hl;~l~ffjnJif Hi: t1j lii:jJ
~ ~-! ~~~~! a~H~~~l'~h~HE ~ES [~ !S ~ '~ ~i '!,g ~Uf~f
s ~'i;," ~i~~ll;H~~~pd~ ~H"q~e,~~~'~:Nh! .alil~'a! "H'i
il~~~~'a]q~~idl;;;~PjH~~H~!P~lH pf~.I~ !jl~lii
, m UWlllWj I;]; i,lj ptl;!]ml.ii!lI1:1;~i ]) il
; 3 ~ ~ ~ i i ~ I ~ J i i ~ Ii] 1 f ~ j, i if I ~ ~ ~ ! f ~ ~ ~ I: ~ ~ j ~ ~ i Jl ~ ~t;' Jj rJjl:~
. ~ -~H~Sda.ll!H~s.!l;jUU~ :'iI,H
..
,r . --::- -_. .~_ ~. - ," - . . "- -
. '
,
. . ,"
.
~
@
."...
?
;":' ~ \
,',) \0 B
.;- ~ \r)
.......
~
<;J
~ '-J
~ ~
tt
l'J~ . i1i z
~I II ~ !
z ~
III C M
O..J 01')
~ . I ~~; ~ ~ !::~ .....
~ Ul ~~ j
l'J~ ~I )0 01"
fIl kI .J N
L i: z "'!:
il. ~~ 3E ~
I~
I ~ ~I ~ ~
-<
~ 2
... . . .
.'
"
.
I .DE.e 16 1994JJl-\
.
Cumberland County - Clerk of Co~rts
Case Report - Docket Entries
OF PA, (vs) GARDNER THOMAS DWAYNE
2/l6/95
084142021695
CCS576
,
1994-00216 COMMONWEALTH
Date Filings
02/28TRANSCRIPT OF PROCEEDINGS PRELIMINARY HEARING, FILED, TRANSCRIPT
FROM DJ CORREAL'S OFFICE FEBRUARY 2 1994
02/28PETITION FOR WRIT OF HABEAS CORPUS MOTION TO DISMISS CHARGE OF
DRIVING UNDER THE INFLUENCE
03/160RDER, FILED, 3-l5-94 ARGUMENT ON DEFTS MOTION FOR WRIT OF HABEAS
CORPUS IS SET FOR 3-25-94 AT 9 AM, CTRM 4, BRIEF ON BEHALF OF DEFT
SHALL BE FILED 3 DAYS PRIOR TO ARGUMENT, BRIEF ON BEHALF OF THE
COMMONWEALTH SHALL BE FILED 1 DAY PRIOR TO ARGUMENT,
KEVIN A, HESS J,
03/310RDER OF COURT, FILED, 3/3l/94. THE MOTION OF THE DEF. TO DISMISS
05/llY~Fg~MR~16NI~I~~~~T~~ARg~~E~rD ~~ K~YINc~ H5S~NDJE.
05/l9APPOINTMENT OF COUNSEL 5/l3/94, PUBLIC DEFENDER APPOINTED.
ORDERED BY EDGAR B BAYLEY J,
05/19CONTINUANCE FILED. 5/l3/94, CASE CONT!NUED UNTIL SEPTEMBER TERM.
PTC 8/30/94 AT 9:00AM AND FOR TRIAL 9/l2/94. ORDERED BY EDGAR B
BAYLEY J,
09/06PRETRIAL CONFERENCE ORDER, 8130/94, DEF, TO APPEAR FOR TRIAL AT THE
CALL OF THE D,A, WITH THE UNDERSTANDING THAT THE D,A, WILL GIVE AT
LEAST 3 DAYS NOTICE TO THE DEFENSE, ORDERED BY KEVIN A HESS J.
09/2IVERDICT, FILED, 9119/94 - 9/21/94, 14 JURORS. JURY FINDS THE DEF,
GUILTY OF CT B-I, B-2, C-l, AND C-2, JUDGE GEORGE E HOFFER.
COURTROOM *3,
09/290RDER OF COURT, FILED, 9/2l/94, THE COURT FINDS THE DEF, GUILTY OF
CT D AND CT E, A JURY FINDS THE DEF, GUILTY OF CT B-I,B-2,C-I, AND
C-2, PSI ORDERED, DEF, TO APPEAR FOR SENTENCE 10/25/94 AT 9:30AM,
ORDERED BY GEORGE E HOFFER J.
10/25BAIL BOND, FILED, $25,000 BAIL POSTED lO-25-94 PROF. VIVIAN
ROCKEY
10/28SENTENCE, FILED 10/25/94, CT C-l: DEF, TO PAY THE COSTS OF PROS.,
MAKE APPROPRIATE RESTITUTION, IF UNCOVERED IN THE CONCURRENT CIVIL
SUIT, AND CCP FOR 11 AND l/2 MONTHS - 2 YEARS LESS ONE DAY. DEF.
WILL ALSO PAY THE SUM OF $lOOO,OO TO CUMBERLAND COUNTY, CT C-2:
DEF. TO PAY THE COSTS OF PROS" MAKE APPROPRIATE RESTITUTION AS
OUTLINED IN CT C-l, AND CCP FOR II AND l/2 - 23 MONTHS, CT D: DEF.
TO PAY THE COSTS OF PROS" FINE OF $65,00, CAT OF $30.00, EMS OF
$lO,OO, CT E: DEF, TO PAY THE COSTS OF PROS., FINE OF $65.00, EMS
OF $10,00. WITH THE AGREEEMENT OF THE DEF, AND HIS COUNSEL, AND THE
10/28~E~TEN~~ S~~!ftTg~I?~/~~'~INgo~i1~u~5:s~~~g~b~~o~N6~LTA~ECURRENT
CIVIL CASE, THE COURT NOTES THAT FOR SENTENCING PURPOSES, THE
CHARGES OF HOMICIDE BY VEHICLE AND INVOLUNTARY MANSLAUGHTER MERGE,
Page
3
084142021695 Cumberland County - 5lerk of Courts 2/16/95 Page 5
CCS576 Case Report - A R Summary
. ~
1994-00216 COMMONWEALTH OF PA. (vs) GARDNER THOMAS DWAYNE
Cost/Fine Pd to Date Amount Due In Escrow Last Py
mt
COURT COSTS l20,10 .00 120.10 .00 0/00/
00
COURT COSTS 19,50 .00 19,50 .00 0/00/
00
JURY NON-JURY lOO,OO .00 100.00 .00 0/00/
00
COUNTY FINES lOOO.OO .00 lOOO.OO .00 0/00/
00
DISTRICT ATTY 10.00 ,00 10,00 .00 0/00/
00
DISTRICT ATTY 10.00 ,00 lO,OO ,00 0/00/
00
STATE FINES 25.00 ,00 25,00 .00 0/00/
00
CAT FUND 30,00 ,00 30,00 ,00 0/00/
00
EMS lO,OO .00 lO,OO ,00 0/00/
00
STATE FINES 25,00 ,00 25,00 .00 0/00/
00
CAT FUND 30,00 ,00 30,00 ,00 0/00/
00
.
EMS 10,OO ,00 lO.OO .00 0/00/
00
WITNESS FEE 6,54 ,00 6,54 .00 0/00/
00
SHERIFFS COST 6,72 .00 6,72 .00 0/00/
00
SHERIFFS COST 1.50 .00 1.50 ,00 0/00/
00
CCC ACT 139 15.00 ,00 15,00 ,00 0/00/
00
00 CVC ACT 139 15.00 ,00 15,OO ,00 0/00/
STATE COST A 7,00 ,00 7,00 .00 0/00/
00
00 STATE COST B 6,00 ,00 6,00 ,00 0/00/
JCP FEE 1. 50 ,00 1.50 ,00 0/00/
00
94 BOND POSTING lO.OO lO.OO ,00 ,00 lO/25/
------------------------------------------------
94 l458.86 lO.OO l448,86 ,00 lO/25/
_, ,_"", .~, ~:OOO 16.-1-.,,'00
DL-21 13-93)
Whito
.
REPORT OF THE CLERK OF COURTS
SHOWING TilE CONVICTION OR ACQUITTAL AMENDED
OF ANY VIOLATION OF THE VEHICLE CODE ---
Defendant Information a or Print Claarl
S.x Da
H
REPORT
Kallla
GARDNER THOMAS DWAYNE
Nth
1
us.
AddC,.1I
1I0B PEACOCK RD,
City
RICHMOND
Dr! val' Kulllbar
~Y8!U-n~g Ko.
State
VIOLATION INFORMATION
Thl Vahicll Codl Act of Junl 17, 1976 P.L. 162 Saction
al ...ndld.
3732
ChIck thil block tf thl offlnll ChICk thi. block if tha offan.a
--- occurrtd whi I d{ vin9 . occurred whi a trtn.portinO a
Co..ar cllI Vlhlc a. Uf:~~3~.N.tari. r_quire4 to be
DlItI of 0 vi t on ~~t k~~:II\ll"'I~~A~~~~:.t9~~
ICon h D L Dutrict tiornlY.
I ICth loay I"..r
btalal~ UII a .Ipantl fo~ for I.ch chugl) '"
HOMICIDI 111' VlHICLE -p-!te O~Q\IiU.l/lIolll1 Pro.
Month .-loay "I.r
COURT IIIPOJUCATIOIf
Subllction Cl.u.1
VIOLATION COMMITTED (chick onl) ,
su..ary ___ lCild....nor -1- Fllony ___
Court of C_n PII..
lOtI' if S~~l !nt.~ Original Citation
. ICuablr if-.vall.bll'
SantlnCl1 If .~ v!~!Sion - Int!r
slIft'/di!~!"O?'.um.f.R3aMn .peed. Iluabor
Th! undarain,1d "rutll. ~h.t tha fore- Ya.r
00 no i, . e rtf lid rlCor of., conviction
~.eqUltt.l no I prolequ 0TIl
\ '1'
lli' "^' '-.~" ,'. 12/01194 Act
--- ~_Y~-~-4j~1 ~ ___~___~ ___ ________
Cllrk of Court. I)' I,. DatI
~I Hot for U.I wtth'ARD DISP. UII DL-2IA)
Or f~r . cQnv ctlon if any .ct In
Which . JUdgl d.tl~ OIl th.t . ~tor
vahicla Wfl ollantla ly Involvad
(u.. DL-2 B),
IMPORT~I Undlr sactAon 6323 of t~a Vrhicla
ethigy~~~~:~~t:~Ir:~!i!~t!?~a~y!:~ha
L canlino,
SIIID TOI Buraail of Drlvar I.tcan.ing
PO Box 110037, Hlrr uburg, Pa 17l01l
County of
CUlCBIRLMD
216
1994
1505242-3
122 Tra.~nt Required
(chaCk ana)
NO .1L
YES
Affix Act 122 St..p Hal'l
t\:
VS
9434384330~0164~OO
IN T~E COURT .- CO~~ON PLEAS OF
CUMBERLAND COu,ay. PENNSYLVANIA
94-0216 CRIMINAL TER~..,
CHAIlGE: (B) HOI1ICIDE,'\BV VEHICLE'
",: (2' counts):';,
(C) INVOLUNTARY MANSLAUGHTER
(2 counts)
(D) CARELESS DRIVING (Sum.)
(Ft l'!VI\~ ~. 'AFE SPEED (Sum.)
AFFIANT: TPR, JAMES ANDREWS
COMMONWEAl.TH
THOMAS DWAYNE GARDNER
OTN: ESOS242-3
l~__~NIENCELBOND
ORDE.R..Of_.COURT
AND NOW. October 25. 1994. at 10:19 a.m,. Thomas Dwayne
Gordner. having appeured for sentence together with the Public
Defender. Taylor p, Andrews. Esquire. and the defendant
previously having been convicted at Jury trial. the court having
received a presentenr.e Investloatlon report. sentence of Ihe
court on COllnt C-1 I~ 1/101 the defendant pay the costs ot
prosecutIon. make opuroprlate restltullon. It uncovered In the
concurrenl clvll SU\ r, "'II! ttlat he unrlerllo Imprisonment In the
Cumberlanll County PI! ~lIn tor a pertor) at n(lt less 1I1an eleven
and n hal t months nllr mort' than two yeon less one day, In
oddl I lon, the defendllnf ..holl poy thl, ~UIII ot SlOOO.OO to the use
ot tilt) (ounty ot Cllwhpr lollfl
Sl'nll'nce ot till! I filII I on Count 7 15 lhut the defendant poy
the costs of orOSl!rlillOn roof,e ODorOOI late rest! tutlon 05
out I tner! In Counl C..1. uno thot thr. Of.fp'lllant undergo
Ilnpr Isalllnent In ltw rlJlII/Jerlolld County Prtson tor 0 period of not
Ie.... ltlollelr.ven oml 0 troll lIIonth~, nor more than 7i months,
Sentence of the court on Counl D '5 that the defendant pay
thr. costs of prosecution IInd 0 flnp. III $65,00. Including S30.00
to fhe CAT Fund ond $10 on tll ER
Sentr.ncr' of fhe rllllrl on Count f Is that the defendant POY
~
i
.
:~l
': ",') r' ..\
'-
"
"
v,.
\ '
:CO""ONWEALTH OF PENNSVLVANIA:
DEPART"ENT OF TRANSPORTATION'
Bureau af"Driyer Licensing
H.rrisburg, PA 17125
NOVE"BER 16. 1994
----
, ._--'.'
---- "
,".-
. ..~
'It:
, ,;"
, '
I'r,'
','
~~3116~33000a37 '001
U/O~/l~~~
i!4".,oa65
Olo/i!"/1o"5~
';
" '
""';"',RICHnOND,:IN ;, ~737~
. i:t
..~.'tI
1\ '. .1' " , ' ! I ":'->:" ~\{(1.':
" ,;' :ri'~r,', r l.~ "'j" 'i~' ,__,1., ,"1,~!',\:':q,f'i
, 'I" ~~. "'"' . It" .-.,t1~ .
, "'~:\'~.,..': t......:', '1 .',....'.,~i.l\'-;l. '//_~::'Ji!-~.'
':",:g;';;'t;.i;;'i~/.';<,"'" "., ':""'>'~:\~~f.
.- ,:':1'4 i't~";'-.fr.i:f-.1t"':1"i: : ," ,'; "'.: 'C J' ..:;,~tnJtr~.
Dear., "oto'r1st I; "":" \J ',il<'.
1,:- ' y :?~ ;: i }/:~;", r', ;~, ." '. .. ," . .;I,.'~,,:.- '.'~: ,;~':r'f:,;:,;,.il:'.'.:", \.'~,~,':_~./:r},~~~~~
:', - ,:.'. :;\ 'l,As, 'f ,a.'~:r,~.sult,' ,af" 'YOur,',;,.conYicUon ;'. ~{I'i,';I.O/25/,1994:'_of:,..,/" ":., ".'",;,:."":,,,,
',', ""YiohUng:~:.Section 1I7!2, of :<,the' Vehicle,,' Code, .,HOHICIDE', 8,Y:'~:' ,I'h,','", '" ,/,.'~. ,>\'
'\, "VEHICLE',,'on"11/21/199S, ,your:. driving. privilege" il bdng:)' ..,', "::t V
" ,REVOKED', far "a period af l' YEARCS) as undated by Section i,l; \"1.:'<.
,15112A,o~,the: Vehicle Code.',: " ' '; , : i~i{:j;
, , " > "
. "'- ;'.;. ~~, ->it.: ~,' ';,~ i - .... ":~, ," I " " '.'
'~'. ...; : "f ~~.t.:~"',,;.:,~~>' < ., ,:,~:::,~':'..':' '..r j ~
,i,.: InJarllClrta co.plywith 'this sanction, you 'are 'required'
to, 'subll1t '.', DL-16LC FarmCAcknowledgment 0 f Suspensianl
Revocation/'DisqUalification), ar a letter acknawledging the
sanction ofyourdr1Ying priYi1ege,
;;' ~~ed1t'wUl' not begin untU, the DL-16LC Farm ar the
letter;, acknowledging your sanctian is received by this
, Bure.u.,
...,.
" c "::.;WHEN ,'':' , THE:, DEPARTHENT' RECE IVES , YOUR FORM OF
ACKNOwLED;EHENTi~WE WILL,SENO YOU A RECEIPT. IF'YOU DO NOT
RECEIVE THIS RECEIPT WITHIN 15 DAVS, CONTACT THE DEPARTMENT
I""EDIATELV, OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD
SERVING THIS SANCTION,
Effective D.te af Suspensians 12/21/1994, 12101 ....
Please see the enclosed application for restoration fee
information,
You will be notified of any outstanding restaration
requirements approximatelY 30 days before the eligibility
d.te of the restoration of your driVing privilege. You
must follow those instructions very carefUlly in order to
have your driVing privilege restored.
. \\
.~.
,-. -"0:'
"'l"",..oo
DL-21 (3-93)
White
REPORT OF THE CLERK OF COURTS
SIIOWING THE CONVICTION OR ACOUITTAL
OF ANY VIOLATION OF THE VEHICLE CODE
Defendant Information Tear Print
Name
GARDNER THOMAS DWAYNE
Addrell8
60B PEACOCK RD.
city
RICHMOND
Driver Number
AMENDED REPORT
SelC
M
Mth
1
Year 1954
Zi~7~~~e ~yg!2A-'!ig No.
Plate No, stat.
VIOLATION INFORMATION
Subs.ction Clau..
The Vehicle Code Act of Juno 17, 1976 P.L. 162 Section
as amonded,
VC3732
Check this block it the off.n..
occurred whi e transportlnQ a
Hazardous Matorial r&quired to b.
Placarded.
Date ot Conviction Date License or Ack~owl.dg.-
ment Surrendered to Court or
Year Month Year District Attorney,
1993 10 1994 I I
Mthoo DayO YearO
use a separate form for each charge) .. 0 . 0
Date of Ac uittal Nolle pro.
Month Day Year
Check this block if the offense
--- occurred while dr ving a
Commorical Vehicle,
Date of Violation
Month
11
(Please
CHARGE:
Da~l
HOMICIDE BY VEHICLE
VIOLATION COMMITTED (check one):
Summary ___ Misdemeanor ~ Felony
Notel if gummary, Enter Original Citation
. Num er if available:
Sentence: If speed violation - enter
travelinq speed and legal speod.
SENT. MERGED WITH INVOL MANS
The undersinqed certifies that the fore-
going is a cGrtified record of a conviction
or ~qUittal/no11D prOS]qUi
SEA I ~\i ... .,-
'., ~\"l. r ' .....f- L \ 10/28/94
cl~r" '~t-c~~:;:';;-~' l~ 't1t1D{,;,f:0~;:~--
NOTE: Not for use with ARD DISP.(US~ DL-21A)
or for a conviction of any act in
which a Judge detorminef' that a motor
vehicle was ossentially involved
(une DL-211J).
IMPORTANT: Under Soction 6323 of tho Vehicle
Code, it is mandatory that tho Clerk
of Courts report all vlolations of the
VehIcle Code to the Bureau of Driver
l.leenning.
SEND TO: Ilurellu of Driver 1,Icenning
1'0 IInlC 60037, IlllrrlAburg, Pa 17106
COURT INFORMATION
Court of Common Pleas
County of
CUMBERLAND
Number
216
Year
1994
OTN
E505242-3
Act 122 Treatment Required
(check one)
YES NO ~
AffilC Act 122 Stamp Herd