Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. JOHN STEPHEN ZAENGLE (08/16/85)

SUPERIOR COURT OF PENNSYLVANIA


filed: August 16, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN STEPHEN ZAENGLE, APPELLANT

Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Cumberland County at No. 886 Criminal 1982.

COUNSEL

Taylor P. Andrews, Public Defender, Carlisle, for appellant.

Kevin A. Hess, Assistant District Attorney, Carlisle, for Commonwealth, appellee.

Wickersham, Olszewski, and Hoffman, JJ.

Author: Olszewski

[ 345 Pa. Super. Page 125]

By order of the Supreme Court, 508 Pa. , 497 A.2d 1330, this case has been remanded for proceedings consistent with Commonwealth v. Frisbie, 506 Pa. 461, 485 A.2d 1098 (1984). Frisbie holds that, where legislatively authorized, the imposition of multiple sentences upon a defendant whose single unlawful act injures multiple victims is legal. In the instant case, appellee driving drunk killed three people. The test of legislative authorization under Frisbie looks to the language of the statute defining the offense. See id., 506 Pa. at 466, 485 A.2d at 1100 (comparing the language of 18 Pa.C.S. Sec. 2705 with that of 18 Pa.C.S. Sec. 2707 and

[ 345 Pa. Super. Page 1262710]

). The operative language in 75 Pa.C.S. Sec. 3732 penalizes "(a)ny person who unintentionally causes the death of another person." (Emphasis added.) Applying the Frisbie analysis to the facts of this case, we conclude that the legislature did authorize multiple sentences for multiple deaths resulting from a single violation of 75 Pa.C.S. Sec. 3732. Accord Commonwealth v. Zaengle, 332 Pa. Super. 137, 141, 480 A.2d 1224, 1228 (1984) (Olszewski, J., dissenting).

The sentences imposed by the trial court are reinstated.

Disposition

The sentences imposed by the trial court are reinstated.

19850816

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.