Commonwealth v. Rivera
2009 Pa. Super. 207, 983 A.2d 767, 2009 Pa. Super. LEXIS 4255 (2009)
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Rule of Law:
A burglary is a first-degree felony if either the structure entered is adapted for overnight accommodation, or an individual is present at any time during the commission of the crime. For the grading to be reduced to a second-degree felony, the structure must BOTH be unadapted for overnight accommodation AND be unoccupied for the entire duration of the event.
Facts:
- Carmen Rivera had a valid stay-away order against her brother, Juan M. Rivera.
- The basement of Carmen Rivera's home was only accessible through an exterior entrance and contained a bed, television, radio, and washing machine.
- On April 15, 2007, at approximately 10:55 p.m., Juan M. Rivera entered his sister's basement without permission.
- Carmen Rivera returned home, entered her basement, and found her brother inside rummaging through her belongings.
- When confronted, Juan M. Rivera threatened his sister with a screwdriver.
- Juan M. Rivera then exited the basement, taking a radio belonging to his sister with him.
Procedural Posture:
- Juan M. Rivera was charged with first-degree burglary and other offenses in the Philadelphia County Court of Common Pleas (the trial court).
- Following a bench trial, the court found Rivera guilty of first-degree burglary and related offenses on September 4, 2007.
- The trial court sentenced Rivera to an aggregate term of four to eight years of state incarceration.
- Rivera, as the appellant, filed a timely notice of appeal to the Superior Court of Pennsylvania, challenging the sufficiency of the evidence for the first-degree grading of his burglary conviction.
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Issue:
Is the evidence sufficient to support a first-degree burglary conviction when the defendant enters a basement that has only an exterior entrance and is unoccupied at the moment of entry, but which is part of an inhabited dwelling and where the occupant later arrives during the crime?
Opinions:
Majority - Gantman, J.
Yes, the evidence was sufficient to support the first-degree burglary conviction. For a burglary to be graded as a second-degree felony, the structure must not be adapted for overnight accommodation AND no individual can be present at the time of entry. Here, neither condition was met. First, the court found the basement was 'adapted for overnight accommodation' because it was functionally interconnected with the main residence, was under the same roof, and contained items such as a bed and a television, making it habitable. Second, under Pennsylvania law established in Commonwealth v. Stepp, an individual is considered 'present at the time of entry' if they arrive and enter the structure at any point while the burglary is in progress. Because Carmen Rivera entered the basement while Juan M. Rivera was still inside, the 'presence' element was satisfied, elevating the potential for violence that the statute aims to deter. Since both prongs of the test for a second-degree felony failed, the conviction for first-degree burglary was appropriate.
Analysis:
This decision clarifies and reinforces the broad scope of first-degree burglary in Pennsylvania. It establishes that ancillary parts of a dwelling, such as a basement with only exterior access, can be considered 'adapted for overnight accommodation' if they are functionally connected to the home and contain items suggesting habitability. The ruling also solidifies the precedent that a victim's arrival during a burglary satisfies the 'presence' requirement, thereby increasing the defendant's culpability. This interpretation makes it more difficult for defendants to argue for a reduced grading based on the specific portion of a residence they entered or the fact that it was empty at the initial moment of entry.
