November 24, 2015- Commonwealth v Darwin Comer:   On November 24, 2015, Darwin Comer received a state prison sentence when he appeared before the Dauphin County Judge John F. Cherry and pleaded guilty to charges including Driving Under the Influence and Driving While Operating Privileges Suspended or Revoked for DUI. 

Prior to Comer pleading guilty, and the Court imposing sentence, Judge Cherry ruled that Comer was subject to a 2-year mandatory minimum sentence for his third “violation” of Driving While Operating Privileges Suspended or Revoked for DUI, or 75 Pa.C.S. §1543(b)(1.1).  Comer had filed a pre-sentence motion objecting to the two-year mandatory sentence, and arguing that he should be subject to only a 6-month mandatory sentence as he has only one prior conviction for Driving While Operating Privileges Suspended or Revoked for DUI (hereinafter “DUS-DUI”). 

By way of background, Comer has three prior convictions for DUI:  one on April 8, 2009, one on January 24, 2010, and one on October 4, 2012.  Additionally, Comer has one prior conviction for DUS-DUI from October 4, 2012.  Lastly, a person violates the DUS-DUI statute when they operate their motor vehicle at a time when they have a BAC above a .02%, have any amount of a Schedule I or non-prescribed Schedule II or II controlled substance in their blood, or refuse testing of blood or breath, and when the person’s operating privilege is suspended or revoked as a result of a previous DUI offense.  Further, the DUS-DUI statute provides for increased mandatory minimum sentences for second or subsequent violations:  for a first violation, a defendant is subject to a minimum fine of $1,000 and imprisonment for not less than 90 days; for a second violation, a defendant is subject to a minimum fine of $2,500 and imprisonment for not less than six months; and for a third or subsequent violation, a defendant is subject to a minimum fine of $5,000 and imprisonment for not less than two years.

In response to Comer’s motion, the Commonwealth argued that the DUS-DUI statute was unambiguous and only required subsequent “violations” to trigger each subsequent mandatory minimum sentence.  Meaning, that while a person may have only one prior conviction for DUS-DUI, if he/she incurs multiple new DUS-DUI charges before he/she pleads guilty or is found guilty of any of them, each offense counts as a subsequent “violation” and would trigger the increased mandatory punishments.  Ultimately, the Judge Cherry found that the DUS-DUI statute was unambiguous and ruled that the statute does not require convictions to trigger the subsequent, increased mandatories.

The facts of the charges Comer pleaded guilty to are as follows:  On April 21, 2014, Comer’s vehicle was stopped around 12:24 a.m. in the area of the 500 block of Second Street in Highspire for inoperable rear clearance lights.  When officers approached the Defendant they observed his eyes were very glassy and red, that he smelled strongly of alcohol, and that his speech was slurred.  The Defendant admitted to drinking and failed Field Sobriety Tests.  Comer was subsequently arrested and had his blood drawn at the Dauphin County Booking Center.  Ultimately, it was learned that Comer was operating his vehicle at a time when he had a BAC of .222%.  Additionally, Comer was operating his vehicle at a time when his license was suspended based upon a prior DUI conviction.  As a result of this conduct Comer was charged with DUI, a second violation of DUS-DUI, and a summary violation; these charges were docketed at CP-22-CR-4348-2014.

Then, while out on bail on the DUI charge, on June 14, 2015, around 3:44 p.m., Comer was stopped for operating his vehicle with an expired inspection sticker.  Upon approaching Comer, who was the driver of the vehicle, officers observed Comer having slurred speech, a moderate odor of alcohol, and a flushed appearance.  Comer did admit he consumed a “few drinks.”  Officers performed Field Sobriety Tests and Comer showed signs of intoxication.  Comer was subsequently arrested.  Ultimately, following a blood test, it was learned that Comer was operating his vehicle with a BAC of .067%.  As a result of this conduct the Defendant was charged with a third violation of DUS-DUI and a summary violation; these charges were docketed at CP-22-CR-4564-2015.

Following his guilty pleas to all charges, Judge Cherry sentenced Comer, at docket 4564 CR 2015, on the third violation of DUS-DUI, to serve 24-48 months in a state correctional institution, and to pay court costs and a fine of $5,000.  For docket 4348 CR 2014, Comer was sentenced on the DUI charge to serve a consecutive 24 months on County Intermediate Punishment with the first 6 months served in the County Work Release Center and the second 6 months served on house arrest with electronic monitoring; and to pay court costs and a fine of $2,500.  Additionally, Comer was sentenced to 6-12 months’ incarceration, concurrent to his 24-48 month sentence, and a fine of $2,500 for the DUS-DUI charge at docket 4348 CR 2014.  In all, Comer was sentenced to 6 years of supervision, 3 years of which will be restrictive in prison, the work release center, and house arrest, and to pay over $10,000 in fines and costs.

This case was litigated and prosecuted by Deputy District Attorney Andrew J. Jarbola, IV.