Legal Opinion · Dissent

Commonwealth v. Carela-Tolentino

Supreme Court of Pennsylvania

Decided July 17, 2012Published

1DissentChief Justice Castille

The Court today summarily affirms, without opinion, the Superior Court’s determination that the mandatory $25,000 fine imposed in this drug possession ease was not unconstitutionally excessive. Because I believe that there must be some rational and reasonable relationship between the actual criminal conduct, the circumstances at issue, and the fine imposed, and because I believe that sentencing courts must have some discretion to ensure that such a relationship exists, I would find that the one-size-fits-all mandatory approach represented by 18 Pa.C.S. § 7508 violates constitutional…

2Cases cited10 opinions

  1. United States v. BajakajianSupreme Court of the United States · 1998
  2. Commonwealth v. Real Property & Improvements Commonly Known as 5444 Spruce StreetSupreme Court of Pennsylvania · 2003
  3. Commonwealth v. BurnsworthSupreme Court of Pennsylvania · 1995
  4. Commonwealth v. BellSupreme Court of Pennsylvania · 1994
  5. Commonwealth v. GippleSuperior Court of Pennsylvania · 1992

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