Commonwealth v. Fowler, 362 Pa. Super. 81

Summary

The Pennsylvania Superior Court affirmed Thomas Fowler’s convictions and sentence for attempted rape, attempted involuntary deviate sexual intercourse, robbery, theft, simple assault, and possession of an instrument of crime. The court held that although the trial court improperly interrogated a juror about the effect of a television program and required renewed deliberations after a unanimous verdict, Fowler was not prejudiced. The court also rejected claims that trial counsel was ineffective for advising against Fowler’s testimony and that the sentencing court erred by denying sentence reconsideration without a hearing.

Holdings

1. The trial court acted improperly by inquiring into the juror's mental processes and by requiring further deliberations after a valid unanimous verdict had been returned, but the error did not prejudice Fowler because the subsequent deliberations produced the identical verdict and Fowler himself prompted the additional inquiry.
2. Fowler failed to establish ineffective assistance because the evidence showed that he, rather than counsel, made the final decision not to testify, and counsel's recommendation was not unreasonable.
3. The sentencing court did not err by denying the sentence-modification petition without a hearing because the sentencing record disclosed no defect in the sentencing process or abuse of discretion.

Questions Presented

1. Whether the trial court erred by denying a mistrial after questioning a juror about exposure to a fictional television program concerning rape and requiring the jury to resume deliberations after a unanimous verdict had been returned.
2. Whether trial counsel was ineffective for allegedly preventing Fowler from testifying in his own behalf.
3. Whether the sentencing court erred by denying Fowler's motion to reconsider or modify his sentence without conducting a hearing.

Disposition

affirmed