COM. v. GRAY, Pa. Super. Ct., Judgment, Law, casemine.com

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Attorney(S)

Jeremiah F. Kane, Assistant Public Defender, Yardley, for appellant. Thomas J. Wagner, Assistant District Attorney, Phoenixville, for Commonwealth, appellee.

Judges

OLSZEWSKI, Judge:

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Smart Summary

Factual and Procedural Background

Appellant Clinton E. Gray was convicted of driving while his license was suspended. The Department of Transportation mailed a notice on May 23, 1983, informing appellant that his license would be suspended for one year starting October 6, 1983, due to refusal of an alcohol test. Additionally, appellant's license had been suspended earlier on April 6, 1983, for six months. On December 3, 1983, appellant was stopped by police and found to be driving under the license suspension. Post-verdict motions were filed and denied, leading to this appeal challenging whether the Commonwealth proved beyond a reasonable doubt that appellant had received actual notice of the license suspension.

Legal Issues Presented

Whether the trial court erred in finding that the Commonwealth proved beyond a reasonable doubt that appellant received actual notice of the suspension of his operator's license.

Arguments of the Parties

Appellant's Arguments

The mailing of the notice alone does not prove beyond a reasonable doubt that appellant received actual notice of the suspension.
Appellant contends he never received notice of the one-year suspension effective October 6, 1983, and without such notice, conviction under 75 Pa.Cons.Stat.Ann. Sec. 1543(b) is not permissible.

Commonwealth's Arguments

This information was not available in the provided opinion.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Commonwealth v. Kane, 460 Pa. 582, 333 A.2d 925 (1975)	Evidence of mailing notice is admissible but not sufficient alone to prove actual notice beyond a reasonable doubt.	Distinguished on facts: In Kane, the notice was mailed to an incorrect address, making actual receipt unlikely. Here, the notice was mailed to appellant's correct address.
Commonwealth v. Burkett, 300 Pa. Super. 72, 445 A.2d 1304 (1982)	Mailing notice combined with additional evidence can establish actual notice.	Applied to support that mailing notice plus appellant's conduct (license surrender and driving behavior) sufficed to prove actual notice.
Commonwealth v. Gussey, 319 Pa. Super. 398, 466 A.2d 219 (1983)	Scope of appellate review: findings of fact must be supported by competent evidence; conclusions of law must be correct; review for abuse of discretion.	Used to frame the standard of review affirming the trial court's findings absent manifest abuse of discretion.

Court's Reasoning and Analysis

The court recognized that while mailing a notice alone does not conclusively prove actual receipt, additional evidence can establish actual notice beyond a reasonable doubt. The Department of Transportation mailed the suspension notice to appellant's correct address. Appellant had previously surrendered his license in response to an earlier suspension notice mailed to that same address, indicating awareness of suspension procedures. At the time of his December 1983 traffic stop, appellant did not possess his license, suggesting knowledge of his suspended status. The court found this combination of mailed notice to the correct address and appellant's conduct sufficient to prove actual notice of the license suspension. The court applied established precedents to distinguish this case from those where mailing alone was insufficient, concluding the trial court did not err in its findings.

Holding and Implications

Affirmed.

The court affirmed the judgment of sentence imposing ninety days' incarceration and a $1,000 fine for driving while license suspended. The direct effect is the upholding of appellant's conviction based on sufficient evidence of actual notice. The opinion does not establish new precedent but applies existing legal standards to the facts presented.

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COMMONWEALTH of Pennsyl v. nia

OLSZEWSKI, Judge:

This appeal is from the judgment of sentence of ninety days' incarceration and $1,000 fine imposed by the Court of Common Pleas of Chester County upon appellant's conviction of driving while his license was suspended. Post-verdict motions were filed and denied. Appellant raises one issue for our consideration: whether the trial court erred in finding that the Commonwealth had proved beyond a reasonable doubt that the appellant had received notice of suspension of his operator's license. We find that the trial court was not in error and, for the reasons stated below, we affirm.

75 Pa.Cons.Stat.Ann. Sec. 1543(b) (Purdon 1986).

On May 23, 1983, the Department of Transportation, Bureau of Traffic Safety Operations ("Bureau"), mailed an official notice to appellant telling him that as of October 6, 1983, his license would be suspended for one year for an alcohol test refusal. Bureau records also indicated that appellant's license had been suspended as of April 6, 1983, for a six-month period (running until October 6, 1983). On December 3, 1983, appellant was stopped by the Coatesville, Pennsylvania, police for a motor vehicle violation and was discovered to be driving while his license was under suspension.

Appellant argues that the mere fact that a notice of suspension had been mailed did not prove beyond a reasonable doubt that appellant had received actual notice of his suspension. See Commonwealth v. Kane, 460 Pa. 582, 333 A.2d 925 (1975). It is appellant's contention that he never received notice that his license was suspended for one year, effective October 6, 1983. Absent this notice, conviction under 75 Pa.Cons.Stat.Ann. Sec. 1543(b) is not possible. See id.

In Commonwealth v. Kane, the Pennsylvania Supreme Court held that evidence of mailing of notice is admissible evidence, but, standing alone, is not sufficient evidence to establish an element of a crime beyond a reasonable doubt. Id. We note that in Kane, evidence established that appellant's address typed on the notice of suspension was not the appellant's correct address. Therefore, it was more likely that the notice was mailed but not received. Id.

When notice is mailed to the appellant and additional evidence exists indicating that appellant received notice of suspension, then the evidence can be sufficient to prove actual notice. Commonwealth v. Burkett, 300 Pa. Super. 72, 445 A.2d 1304 (1982). In Burkett, notice was mailed to the appellant; appellant had returned his license to the Bureau; and appellant attempted to conceal his actions by removing himself from the driver's seat when his vehicle was pulled over by the police. This combination was held to be sufficient to prove actual notice. Id.

It is our concern in these cases that a driver convicted of driving while his license is suspended had actual notice of the suspension. We are concerned with the reliability of notice by mail, as there generally is no proof of actual receipt. Before us now on appeal is the lower court holding that appellant had received notice of his suspension. The lower court has heard this case de novo. Therefore, our scope of review is to determine whether the findings of fact are supported by competent evidence and to correct conclusions of law erroneously made. Commonwealth v. Gussey, 319 Pa. Super. 398, 466 A.2d 219 (1983). We will not disturb the lower court action on appeal absent a manifest abuse of discretion. Id.

It is curious that the Bureau does not send a notice as important as a notice of suspension of driving privileges by certified or registered mail, where a return receipt can be used to show actual notice.

In the case at bar, we find that the trial court properly held that appellant had actual notice of his license suspension. First, the Bureau mailed a notice of suspension to appellant at his correct address. Secondly, appellant had surrendered his license to the Bureau on April 6, 1983, in response to a notice of suspension of his license mailed to him at his correct address. Since appellant received actual notice of his April 1983 suspension by mail, it is likely that a second notice of suspension mailed to the same address was also received. Finally, appellant did not have his driver's license when he was stopped for a violation on December 3, 1983. This evidence indicates that appellant was aware that he was not allowed to drive. If appellant had no notice of a one-year suspension beginning on October 6, 1983, it is likely he would have sought the return of his license from the Bureau. Since appellant was driving without his license in December 1983, it indicates that appellant was aware of his legal inability to drive at that time. This additional evidence tending to prove appellant's actual notice of his license suspension, along with the evidence that a notice of suspension was mailed to appellant at his correct address, indicates that appellant received notice of his license suspension. Therefore, we are satisfied that the trial court properly found appellant guilty of a violation of 75 Pa.Cons. Stat.Ann. Sec. 1543(b). Accordingly, we affirm.

Judgment of sentence affirmed.

COM. v. GRAY