J-A33004-16
2017 PA Super 135
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
ROBERT WILLIAM TREECE, :
:
Appellant : No. 115 WDA 2016
Appeal from the Judgment of Sentence March 30, 2015
In the Court of Common Pleas of Greene County
Criminal Division at No(s): CP-30-CR-0000270-2014
BEFORE: LAZARUS, SOLANO, and STRASSBURGER,* JJ.
DISSENTING OPINION BY STRASSBURGER, J.: FILED: May 5, 2017
Because I believe the trial testimony established that Treece was
subject to official detention as contemplated by the escape statute, I would
affirm his judgment of sentence. Accordingly, I respectfully dissent.
According to the relevant statute, “official detention” is defined as
“arrest, detention in any facility for custody of persons under charge or
conviction of crime or alleged or found to be delinquent, detention for
extradition or deportation, or any other detention for law enforcement
purposes[.]” 18 Pa.C.S. § 5121(e). The learned Majority opines that a
reasonable person in Treece’s situation would conclude he or she was free to
leave the hospital because the police removed his handcuffs and “never
advised Treece that he was not free to leave the hospital.” Majority Opinion
at 12. However, the record establishes that Treece was aware he was under
*Retired Senior Judge assigned to the Superior Court.
J-A33004-16
arrest at the time of his hospitalization and was scheduled to appear before
a judge for arraignment.
Cumberland Township Police Chief Craig Miller testified on direct
examination that Treece was handcuffed while in the ambulance and was
accompanied to the Southwest Regional Medical Center by Detective
Gismondi. N.T., 12/4/2014, at 42-43. Once Chief Miller arrived at the
hospital, the following occurred.
[Assistant District Attorney]: Okay. What happened after you
arrived?
[Chief Miller]: Treece was in one of the medical beds in the
emergency department. Detective Gismondi was standing there,
so I made contact with Detective Gismondi.
***
Q: And did you speak with anybody concerning -- I mean, at this
point, so you have taken Treece into custody, he indicates that
he needs some medical attention, he is taken to the hospital and
you go.
Do you discuss with anybody what was going to happen
next with not only his arraignment, but with your presence
there?
A: Later on, we stayed there for several medical procedures, I
know we walked down to x-ray with Treece and at one point, I
did talk to the treating physician Dr. Aiello.
Q: Did he inform you how long Treece would be staying?
A: He said he was going to be in extended --
[Defense Counsel]: Object, Your Honor. We would oppose --
-2-
J-A33004-16
The Court: Sustained.
Q: At what point did you leave Southwest Regional?
A: After my discussion with Dr. Aiello.
Q: Oaky. And did you return -- did you return to the hospital at
any time after?
A: I did not.
Q: Okay. Did you speak with Treece while he was in the
hospital?
A: Yes.
Q: Okay. Did you inform him that he needed to be
arraigned?
A: Yes.
Q: Okay. Did you indicate that you would be returning for
him?
A: Yes.
Q: Okay. And so he knew that you would be returning for
him, and did he respond in any way to that information?
A: No.
Id. at 43-44 (emphasis added).1
Chief Miller testified that he removed Treece’s handcuffs and left the
hospital because he was unsure of how long Treece would need to remain in
the facility. Id. at 61-62. After he was informed that Treece had left the
1
The arraignment was rescheduled to occur upon Treece’s release from the
hospital, but no date was fixed. N.T., 12/4/2014, at 55.
-3-
J-A33004-16
hospital, Chief Miller testified that he attempted to locate Treece. Id. at 45-
46. This effort was hampered by the fact that Cumberland Township is small
and often only has one or two officers on duty per shift. Id. Treece was
eventually apprehended and arraigned. Id.
The foregoing testimony establishes that Treece knew he was subject
to official detention, yet made the conscious choice to leave hospital
grounds. The Majority’s analysis focuses on the time Treece waited before
leaving the hospital, his calm demeanor upon exiting, and the fact that he
did not attempt to conceal himself or evade the police, Majority Opinion at
12; however, a defendant’s actions after the escape have no bearing on
whether he unlawfully removed himself from official detention. 18 Pa.C.S.
§ 5121(a).
Further, the statute does not require detention to be consistent.
Rather, the statute provides explicitly that “[i]rregularity in bringing about or
maintaining detention … shall not be a defense to prosecution under this
section.” 18 Pa.C.S. § 5121(c). Thus, it is immaterial that the responding
officers left the hospital during Treece’s treatment: he was aware he was
under arrest and that he was scheduled to be arraigned. Irregular
maintenance of the official detention is not a defense to the charge of
escape.
-4-
J-A33004-16
Viewing the evidence in the light most favorable to the Commonwealth
as verdict-winner, as we must, I find the evidence sufficient to support
Treece’s escape conviction and, accordingly, would affirm his judgment of
sentence.
-5-