PA Superior Court Reverses Theft Conviction Due to Insufficient Proof of Jurisdiction
Criminal Defense Lawyer Zak Goldstein
The Superior Court of Pennsylvania has decided the case of Commonwealth v. Maldonado-Vallespil, holding that a defendant cannot be convicted of a crime unless the Commonwealth proves that the offense took place in Pennsylvania. In this case, the prosecution simply failed to introduce any evidence whatsoever as to where the theft crime took place.
Commonwealth v. Maldonado-Vallespil
On October 31, 2017, the defendant contacted the complainant. The defendant had been working for the complainant, but on this day, he told the complainant that he would not be working for him anymore. On that same day, the complainant arrived at work and noticed that some of his tools were missing. The complainant then contacted the police. Shortly after the police arrived, the complainant called the defendant with the police present and asked that he return the tools. The defendant admitted to previously having the tools, but he said that he had sold them. The defendant stated he would need to speak with the buyer of the tools to get them back. The Commonwealth never introduced any evidence as to where the defendant was at the time of the call or where the complainant had last seen the tools.
The police told the defendant that he needed to return the tools the following day. No charges were filed that evening so that the defendant would have time to get the tools back. The defendant then reached out to the complainant requesting more time, but his request was denied. The defendant subsequently failed to return the tools. The defendant was then arrested and charged with theft from a motor vehicle, receiving stolen property, and theft by unlawful taking. The defendant elected to have a jury trial.
At the conclusion of the prosecutor’s case, the defendant moved for a judgment of acquittal, arguing that the Commonwealth failed to establish jurisdiction. Following argument, the trial court denied that motion. At the conclusion of the defense’s case, defense counsel again moved for a judgment of acquittal, but again his motion was denied. After deliberations, the jury acquitted the defendant of all charges except receiving stolen property. On that charge, the defendant was then subsequently sentenced to one to five years in a state correctional facility. The defendant filed a timely appeal. On appeal, he argued that the trial court erroneously denied his motion for judgment of acquittal because the Commonwealth failed to establish the location of the criminal act.
Why does the location of the crime matter?
The reason it matters is because in Pennsylvania (and everywhere else in the United States), a person can only be convicted for a crime in the state in which they committed said crime. In Pennsylvania, jurisdiction is governed by 18 Pa. C.S.A. § 102. Specifically, §102(a)(1) states that an individual can only be convicted if “the conduct of which is an element of the offense or the result which is such an element that occurs within this Commonwealth.” Further, in Pennsylvania, it is not enough that the crime took place in Pennsylvania. The Commonwealth must also establish the particular county in which the crime occurred because district attorneys only have jurisdiction to prosecute cases that occurred in their particular county. In other words, if a defendant commits a crime in Philadelphia, the District Attorney for Bucks County ordinarily cannot prosecute the case unless certain exceptions apply. This is why, if you have ever watched a preliminary hearing in Philadelphia, one of the first questions a prosecutor will ask is whether a particular location is in the city and county of Philadelphia. The reason they do that is so they can establish jurisdiction.
The Superior Court’s Decision
In a divided opinion, the Superior Court held that the Commonwealth failed to establish jurisdiction and thus the defendant’s conviction must be vacated. In its opinion, the Superior Court carefully analyzed the trial record. After doing so, the Superior Court found that “nowhere in the testimony presented at trial is there any indication that [the defendant] or the tools were within the Commonwealth when [he] ‘received, retained, or disposed’ the tools.” More specifically, the Superior Court stated “the Commonwealth never established the defendant’s location, at the time he received, retained or disposed of the tools.” As such, the defendant’s conviction will be vacated, and he will not be subjected to another trial.
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Goldstein Mehta LLC Theft Defense Lawyers
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
