Donald Evans v. Jasen Bohinski, Superintendent, State Correctional Institution at Dallas, et al.
DueProcess FourthAmendment FifthAmendment CriminalProcedure HabeasCorpus Punishment JusticiabilityDoctri
Whether consecutive sentences for two alternative pleadings of the same aggravated assault statute violate double jeopardy principles, and whether the imposed sentence exceeds statutory maximums
11) IS PETITIONER ’S SENTENCE ILLEGAL, WHERE IT IMPOSED CONSECUTIVE SENTENCES FOR AGGRAVATED ASSAULT ATTEMPT TO CAUSE BODILY INJURY 18 PA.C.S.A. 2702(A)(1) AND AGGRAVATED ASSAULT BY PHYSICAL MENACE 2702(A)(6), WHERE BOTH OFFENSES AROSE OUT OF THE SAME CRIMINAL ACT AND ARE ALTERNATIVE PLEADINGS OF THE SAME STATUTE, WHICH CANNOT SERVE AS THE BASIS FOR SEPARATE PUNISHMENTS FOR A SINGLE OFFENSE. 26 12) IS PETITIONER ’S SENTENCE ILLEGAL, WHERE PETITIONER WAS SENTENCED TO SEVENTY EIGHT(78)MONTHS TO TWO HUNDRED FORTY(240) MONTHS FOR PWID OF WHICH EXCEEDS THE STATUTORY MAXIMUM OF ONE HUNDRED EIGHTY(180)MONTHS ?. 26 13) DID THE TRIAL COURT ERR VIA PROVIDING IMPROPER REASONABLE DOUBT () JURY INSTRUCTIONS TO THE JURY ?. ..27 14) DID THE COMMONWEALTH LACK SUBJECT-MATTER JURISDICTION TO PROSECUTE PETITIONER ?. . . . . .29 15) IS PETITIONER FACTUALLY AND ACTUALLY INNOCENT ?..33 16) DID THE COMMONWEALTH VIOLATE THE EX POST FACTO CLAUSE ?...35