from the Circuit Court for Chester County No. 15-CR-73 Kyle
Shane H. Bishop, pled guilty to vehicular homicide by
intoxication. He appeals from his sentence of eleven years,
arguing that the trial court abused its discretion by denying
an alternative sentence. Because Defendant was ineligible for
an alternative sentence, we affirm the judgment of the trial
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Morton Googe, District Public Defender, and Kandi Kelley
Collins, Assistant Public Defender, for the appellant, Shane
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General; Jerry Woodall,
District Attorney General; and Christopher Post, Assistant
District Attorney General, for the appellee, State of
Timothy L. Easter, J., delivered the opinion of the court, in
which Alan E. Glenn and J. Ross Dyer, JJ., joined.
TIMOTHY L. EASTER, JUDGE
History and Factual Summary
October 27, 2015, Defendant was indicted for vehicular
homicide resulting from the driver's intoxication,
driving under the influence of an intoxicant
("DUI"), driving under the influence of an
intoxicant with a blood alcohol concentration of .08 or more
("DUI per se"), and failure to exercise due care.
The charges resulted from a single-vehicle accident in which
Defendant's passenger, Wyndy Hubbard, died. On April 22,
2016, Defendant pled guilty as charged. The trial court
merged both DUI convictions into the vehicular homicide
conviction and held a sentencing hearing.
sentencing hearing, the State introduced the pre-sentencing
report. Waylon Mahler testified that the victim was his
sister and that she had previously been in a relationship
with Defendant. Mr. Mahler acknowledged that the victim's
relationship with Defendant was "not good" and
indicated that Defendant was a negative influence on the
victim. Mr. Mahler described Defendant as a person who took
advantage of anyone who tried to help him.
Mahler testified that the victim was her stepdaughter. The
victim's death was "devastating" to Ms. Mahler
because her relationship with the victim was more like that
of "close friends" than that of a parent and child.
They were "very close" and "always did family
functions together." Ms. Mahler described the victim as
"a really wonderful person. She lit up the room every
time she walked in."
Mahler described Defendant's relationship with the victim
as "on and off" and "up and down." On one
occasion, Defendant and the victim had an argument, during
which Defendant "proceeded to smoke crack in front of
her and blow it in her face while she was pregnant. And, she
was very, very devastated by that." A few months later,
the victim walked in on Defendant "having sex with
another woman." Ms. Mahler suspected that Defendant may
have physically abused the victim because "she had
several black eyes when they were together."
victim told Ms. Mahler that Defendant was bipolar and that
she wanted him to take medication. The victim also told Ms.
Mahler that she was "worried" because
Defendant's "behavior would become erratic."
Despite having a young child in the house, "[i]n the
middle of the night, [Defendant] would wake up and be walking
around the house and put his old uniform on and turn on the
karaoke machine and be singing at the top of his lungs."
victim and Defendant had a seven-month-old daughter at the
time of the crash. Afterward, Ms. Mahler and her husband
obtained emergency custody of the infant. Ms. Mahler
"stopped going to college" so that she could
provide for the victim's daughter. Ms. Mahler said that
the victim did ...