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December 28, 2009
COMMONWEALTH OF PENNSYLVANIA, APPELLANTv.CARL NORTHRIP, APPELLEE
Appeal from the Superior Court order dated March 10, 2008, No. 384 EDA 2007, vacating the judgment of sentence entered September 7, 2006 in the Court of Common Pleas of Pike County, Criminal Division, at No. CP-52-CR-0033-2005 dated September 7, 2006 945 A.2d 198 (Pa. Super. 2008).
CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.
ARGUED: May 12, 2009
We permitted this appeal in order to review the Superior Court's decision under 42 Pa. C.S. § 9714, Sentences for Second and Subsequent Offenses, commonly referred to as the "Three Strikes Law." The precise question is whether the Superior Court panel properly determined that the New York statute of Arson in the Third Degree, N.Y. Penal Law § 150.10, does not constitute an offense equivalent to the Pennsylvania statute of Arson Endangering Persons, 18 Pa. C.S. § 3301(a)(1). We conclude that the two offenses are not equivalent. As a result, we hold that the Superior Court did not err in concluding that a New York conviction for Arson in the Third Degree cannot serve as a prior crime of violence under Section 9714(a)(1). We affirm the Superior Court's order vacating the judgment of sentence and remanding the matter for resentencing.
Appellee Carl Northrip ("Appellee") was convicted of multiple counts of involuntary deviate sexual intercourse (IDSI), statutory sexual assault, incest, and corruption of minors in connection with repeated sexual attacks upon his 12-year-old daughter. Prior to sentencing, the Commonwealth sought application of Section 9714(a), which provides for a mandatory minimum sentence in the event a defendant has a prior conviction for a crime of violence. The Commonwealth's request was based on Appellee's prior conviction in New York for Arson in the Third Degree after he set fire to a building called Main Street Auto. The Three Strikes Law includes among its list of crimes of violence "arson as defined in 18 Pa. C.S. § 3301(a)" or "an equivalent crime in another jurisdiction." 42 Pa. C.S. § 9714(g). The trial court agreed that the mandatory minimum set forth in Section 9714 applied and ultimately sentenced Appellee to 30 to 60 years in prison.*fn1
On direct appeal to the Pennsylvania Superior Court, Appellee asserted that the trial court erred in applying Section 9714. Specifically, Appellee argued that New York's statute of Arson in the Third Degree was not equivalent to the specific Pennsylvania arson provision listed in Section 9714. The Superior Court agreed; it vacated the judgment of sentence and remanded the matter for resentencing. We granted the Commonwealth's petition for allowance of appeal, limited to the following question:
Whether the Pennsylvania Superior Court erred by determining that [Appellee's] conviction for Arson in the Third Degree, as defined in N.Y. Penal Law § 150.10, was not an equivalent offense to Arson as defined in the Pennsylvania Crimes Code at 18 Pa. C.S.A. § 3301(a), and thus, not a crime of violence as defined by 42 Pa. C.S.A. § 9714(g)?
The issue before us is one of statutory construction that implicates the legality of the sentence imposed. As a result, our standard of review is de novo and the scope of our review is plenary. Commonwealth v. Samuel, 961 A.2d 57, 60-61 (Pa. 2008); Commonwealth v. Collins, 764 A.2d 1056, 1057 n.1 (Pa. 2001).
Although the statute generally is referred to as the Three Strikes Law, the facts in this case concern Appellee's "second strike," as Section 9714 provides that any person convicted of a crime of violence shall be subject to a minimum sentence of at least ten years if, at the time he committed the offense, he had previously been convicted of a crime of violence. 42 Pa. C.S. § 9714(a).*fn2 In defining the term "crime of violence," the Legislature set out explicit direction:
As used in this Section, the term "crime of violence" means murder of the third degree, voluntary manslaughter, aggravated assault as defined in 18 Pa. C.S. § 2702(a)(1) or (2). rape, involuntary deviate sexual intercourse, aggravated indecent assault, incest, sexual assault, arson as defined in 18 Pa. C.S. § 3301(a). kidnapping, burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present, robbery as defined in 18 Pa. C.S. § 3701(a)(1)(i), (ii) or (iii), or robbery of a motor vehicle, or criminal attempt, criminal conspiracy or criminal solicitation to commit murder or any of the offenses listed above,. or an equivalent crime in another jurisdiction.
42 Pa. C.S. § 9714(g) (emphasis supplied).
The resolution in this case rests on the interpretation of the phrase "equivalent crime in another jurisdiction." The Pennsylvania crime at issue in this case is defined as follows:
(a) Arson endangering persons.-
(1) A person commits a felony of the first degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and if:
(i) he thereby recklessly places another person in danger of death or bodily injury, included but not limited to a firefighter, police officer or other person actively engaged in fighting the fire, or
(ii) he commits the act with the purpose of destroying or damaging an inhabited building or occupied structure of another.
18 Pa. C.S. § 3301(a).*fn3
The New York crime is defined as follows:
1. A person is guilty of arson in the third degree when he intentionally damages a building or motor vehicle by starting a fire or causing an explosion.
2. In any prosecution under this section, it is an affirmative defense that (a) no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle, or if other persons had such interests, all of them consented to the defendant's conduct, and (b) the defendant's sole intent was to destroy or damage the building or motor vehicle for a lawful and proper purpose, and (c) the defendant had no reasonable ground to believe that his conduct might endanger the life or safety of another person or damage another building or motor vehicle.
N.Y. Penal Law § 150.10.*fn4
While this Court has not spoken on what constitutes an equivalent crime under Section 9714, it has considered the very same term in the context of a previous version of the Driving Under the Influence of Alcohol (DUI) statute. See 75 Pa. C.S. § 3731(e), repealed by 2003, Sept. 30, P.L. 120, No. 24, § 14, effective February 1, 2004.*fn5 Section 3731's framework provided for enhanced sentences each time a defendant faced sentencing on a DUI conviction following conviction of a previous DUI offense or "an equivalent offense. in [an]other jurisdiction." Id. In Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000), this Court considered whether the defendant's prior conviction in New York for Driving While Ability Impaired, N.Y. Veh. & Traf. Law § 1192(1) ("DWAI"), was an offense equivalent to Pennsylvania's DUI statute. Beginning with the standard to be applied in determining equivalency, this Court formally adopted the rationale of a Superior Court case that addressed the precise issue:
[A] sentencing court [must] carefully review the elements of the foreign offense in terms of classification of the conduct proscribed, its definition of the offense, and the requirements for culpability. Accordingly, the court may want to discern whether the crime is malum in se or malum prohibitum, or whether the crime is inchoate or specific. If it is a specific crime, the court may look to the subject matter sought to be protected by the statute, e.g., protection of the person or protection of the property. It will also be necessary to examine the definition of the conduct or activity proscribed. In doing so, the court should identify the requisite elements of the crime-the actus reus and mens rea--which form the basis of liability.
Having identified these elements of the foreign offense, the court should next turn its attention to the Pennsylvania Crimes Code for the purpose of determining the equivalent Pennsylvania offense. An equivalent offense is that which is substantially identical in nature and definition [to] the out-of-state or federal offense when compared [to the] Pennsylvania offense.
Shaw, 744 A.2d at 743 (quoting Commonwealth v. Bolden, 532 A.2d 1172, 1175-76 (Pa. Super. 1987)).*fn6
The Shaw Court went on to compare New York's DWAI statute with Pennsylvania's DUI statute and determined that the two were not equivalent because the former "protect[ed] the public from a broader range of reckless behavior" than did the latter. Shaw, 744 A.2d at 744. Noting that New York's law punished drivers suffering from any alcohol related impairment and Pennsylvania punished only those drivers who suffered substantial impairment, the Shaw Court concluded that the New York statute cast a "wider net," which constituted an "appreciable difference" in the elements of the two crimes and so precluded a finding of equivalency. Id. at 744-45.*fn7
In the matter sub judice, the Superior Court concluded that the Shaw majority's test for equivalent offenses in the DUI context applied to analyses under the Three Strikes Law. Indeed, the Superior Court had applied Shaw in a Three Strikes case several years earlier. See Commonwealth v. Ward, 856 A.2d 1273, 1277 (Pa. Super. 2004) (applying the Shaw test for equivalent offenses in a Section 9714 case and concluding that the appellant's New York robbery conviction was equivalent to a conviction under Pennsylvania's robbery statute at 18 Pa. C.S. § 3701(a)(1)(ii)).
In their briefs before this Court, the parties agree that the standard set out in Shaw is applicable in this case. Each concedes that in determining whether offenses are equivalent for purposes of applying Section 9714, the court must consider the elements underlying the two statutes, as well as the classification of the crimes, their definitions, and their requirements. The parties likewise concede that the Superior Court applied the Shaw standard as required. The Commonwealth, however, insists that the Superior Court erred because it went beyond Shaw's test of reviewing the elements, definitions, and other requirements of the relevant statutes. Specifically, the Commonwealth takes issue with the panel's inquiry into whether "each and every factual scenario, whether speculative or not, [is] proscribed by both statutes." Appellant's Brief at 14. This additional analysis, argues the Commonwealth, prompted the panel to conclude-improperly-that the statutes were not equivalent. Id.
Our task is to determine: 1) precisely what standard is to be applied when making an equivalency determination under Section 9714 and 2) whether the two statutes at issue here are equivalent.
The Commonwealth is correct that the Superior Court focused its inquiry primarily on whether there was any possibility that an act of arson would result in conviction under New York's law and would not result in conviction under the allegedly equivalent Pennsylvania law. The panel stated:
[T]he critical inquiry is whether any factual scenario sufficient for conviction of New York section 150.10 would correspondingly have been insufficient for conviction under Pennsylvania section 3301(a).
Commonwealth v. Northrip, 945 A.2d 198, 210 (Pa. Super. 2008) (emphasis supplied).
The panel fashioned such a scenario and, applying the following rationale, determined that the two statutes simply could not be deemed equivalent:
For example, a person might intentionally set fire to an abandoned, isolated, and remote building, of which another person had a possessory or proprietary interest. If he reasonably believes that firefighters would not respond and place themselves in danger because of the building's remote location, he would nonetheless be subject to prosecution under New York section 150.10 because he would fail to meet the first requirement of pleading an affirmative defense under that section. See N.Y. Penal Law § 150.10(2) (requiring a defendant to prove, inter alia, that "no other person than the defendant had a possessory or proprietary interest in the building" or that all persons "consented to the defendant's conduct" in order to have an affirmative defense). However, he would not be subject to prosecution under Pennsylvania section 3301(a) because he would not have placed another in danger of bodily injury, pursuant to subsection (a)(1)(i), or destroyed an inhabited building or occupied structure of another, pursuant to subsection (a)(1)(ii). See 18 Pa. C.S. § 3301(a)(1). Instead, the highest-graded arson offense of which he could be convicted is Pennsylvania section 3301(c), which is not a crime of violence in Pennsylvania.
Id. at 210-11.
The Commonwealth characterizes the Superior Court's analysis as a fatal error and claims that its additional inquiry into potential fact patterns was "speculative" and improper. In response, Appellee asserts that the panel's consideration of hypothetical factual scenarios did not adversely affect its analysis; it merely demonstrated that the two statutes were not equivalent. Appellee urges us to affirm the Superior Court's decision, despite its reliance on hypothetical facts, because the panel ultimately (and properly) applied the Shaw test.
The Superior Court certainly concluded that the "critical inquiry" in this case was whether it could imagine "any factual scenario" that would result in a conviction in New York and an acquittal in Pennsylvania. Northrip, 945 A.2d at 210. But the Three Strikes Law neither directs nor requires the court to consider every possible set of circumstances in order to determine whether the mandatory sentence applies. Rather, Section 9714 simply sets out a specific statutory provision, in this case Section 3301(a)(1), and provides that the sentencing court must impose a mandatory minimum sentence if it finds the defendant has been convicted of a crime that is "equivalent" to that statutory provision in another jurisdiction.
In determining whether a foreign state's statute is equivalent to a Pennsylvania crime under Section 9714, we hold that the sentencing court is to apply the test this Court articulated in Shaw. Thus, the court must consider "the elements of the foreign offense in terms of classification of the conduct proscribed, its definition of the offense, and the requirements for culpability." Shaw, 744 A.2d at 743 (citation omitted). With respect to the underlying policy of the statutes, we hold that analysis of policy considerations is appropriate, though not controlling. See Shaw, 744 A.2d at 744-45 (noting the relevance of the statutes' policies but rejecting the Commonwealth's claim that the statutes were equivalent merely because they shared a policy of punishing impaired drivers).
Despite our agreement with the Commonwealth that consideration of hypothetical scenarios is unwarranted when determining equivalency for purposes of Section 9714, we disagree with the Commonwealth that the court must in every instance consider the actual facts underlying a defendant's prior, out-of-state conviction. The Commonwealth insists that the panel should have inquired into the actual facts underlying Appellee's New York arson conviction. Had it done so, the Commonwealth maintains, it would have concluded -- as did the trial court -- that Appellee's conduct would be deemed culpable under both statutes, thereby making them equivalent for purposes of Section 9714.*fn8
Again, we look to Section 9714 for direction. Both the statute's structure and its plain language demonstrate that for most crimes, the focus is not on the facts underlying a conviction, but rather on the statute that triggered the conviction. Section 9714's reach is targeted and specific. With respect to arson, the statute sets out a singular subsection- Section 3301(a). Section 9714 does the same with other crimes, listing either a single type of crime or a specific subsection or subsections of particular crimes, most of which are first-degree felonies. For example, a conviction for voluntary manslaughter, rape, or deviate sexual intercourse qualifies as a crime of violence under Section 9714. Two of seven aggravated assault subsections are included in the definition (18 Pa. C.S. § 2702(a)(1) and (2)-both first-degree felonies) and three of five robbery subsections (18 Pa. C.S. § 3701(a)(1)(i), (ii), and (iii)-all felonies of the first degree) make the list.
Even more telling is the fact that with respect to burglary, Section 9714 does not set out a statutory subsection at all. Instead, it explicitly directs the sentencing court to apply a fact-based test for determining whether the prior conviction is a crime of violence. Section 9714 includes only one type of burglary in its purview-one that is not set out in a specific subsection of the burglary statute: "burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present." 42 Pa. C.S. § 9714(g). See 18 Pa. C.S. § 3502 (defining burglary as the unlawful entry onto a premises with the intent to commit a crime therein, regardless of whether someone else is present).
This very specific and deliberate method of defining crimes of violence in Section 9714 demonstrates the Legislature's clear intent that with respect to all crimes except burglary, the focus is on the crime for which the defendant was convicted, not the factual scenario underlying that crime. Section 9714 both directs and limits the sentencing court's inquiry.*fn9 In keeping with the statute's mandate then, we must focus on the crime of arson and its elements, not the facts underlying Appellee's conviction.
Applying the Shaw test to the instant matter, we conclude that the Superior Court correctly determined that the New York statute and the Pennsylvania statute are not equivalent for purposes of applying Section 9714. At first glance, the laws appear to have similar elements and burdens of proof. Both punish a person for intentionally setting a structure on fire and both define the word structure to include a place of business. However, the framework of the two statutory schemes reflects striking differences in terms of the "classification of the conduct proscribed" and the "subject matter sought to be protected." Shaw, 744 A.2d at 743. First, the New York statute describes a third-degree felony; the Pennsylvania provision describes a felony of the first-degree.*fn10 Moreover, the New York law focuses plainly on the protection of property. The Pennsylvania law decidedly does not. Significantly, the Pennsylvania subsection is titled "arson endangering persons" and a different, separate subsection is titled "arson endangering property." 18 Pa. C.S. § 3301(c).*fn11 Pennsylvania punishes, as a second-degree felony, the deliberate starting of a fire with the intent to destroy or damage a building or structure adapted for carrying on business. Likewise significant is the fact that New York's other arson statutes specifically address injury to persons and assign higher grades to those offenses. See N.Y. Penal Law §§ 150.15 (arson in the second-degree) and 150.20 (arson in the first-degree).
In light of the material differences between these two statutes, we conclude that the Superior Court was correct in determining that the New York offense was not equivalent to the Pennsylvania offense. As a result, the panel properly concluded that a mandatory minimum sentence under Section 9714 was not proper and the sentence imposed must be vacated.
Accordingly, we affirm the Superior Court's order vacating the judgment of sentence and remanding the matter for resentencing without application of Section 9714. Jurisdiction relinquished.
Mr. Chief Justice Castille, Messrs. Justice Saylor, Eakin and Baer, Madame Justice Todd, and Mr. Justice McCaffery join the opinion.
Mr. Chief Justice Castille files a concurring opinion in which Madame Justice Todd joins.
Mr. Justice Saylor files a concurring opinion.
I join the Majority Opinion and write separately to emphasize the limited nature of today's holding. As the Majority notes, the parties sub judice agree that this Court is not today writing on a blank slate. In Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000), we were asked to provide the proper test for determining whether an offense committed in a foreign jurisdiction is equivalent to an offense committed in Pennsylvania. Although the need for the equivalence analysis in Shaw arose from the then-governing driving under the influence ("DUI") statute,*fn12 whereas here the question arises under the Three Strikes Law,*fn13 the parties sub judice further agree that the Shaw test of equivalence governs the instant case.
Shaw was not this Court's first opportunity to consider the proper approach to determining equivalence of offenses. Indeed, the root of our jurisprudence in this area extends to the Superior Court's decision in Commonwealth v. Bolden, 532 A.2d 1172 (Pa. Super. 1987). In Bolden, the defendant had a prior conviction for attempted burglary in Colorado. After his convictions in Pennsylvania for burglary, attempted rape, indecent assault, and simple assault, the trial court determined, for purposes of calculating Bolden's prior record score under the Sentencing Guidelines, that the Colorado attempted burglary conviction was equivalent to Bolden's conviction for attempted burglary under 18 Pa.C.S. § 903 (criminal attempt). See 204 Pa. Code § 303.7(d) ("A prior out-of-state or Federal conviction..., or a prior conviction... under former Pennsylvania law, is scored as a conviction for the current equivalent Pennsylvania offense.") (emphasis added). On appeal to the Superior Court, Bolden argued that the trial court's equivalence determination was a misapplication of the Sentencing Guidelines. In upholding the trial court's equivalence determination, the Superior Court reasoned as follows:
In assessing the quality of a prior conviction in a foreign jurisdiction, we discern from the purpose and language of the guidelines that it was the intent of the Sentencing Commission as well as the legislature that offense equivalency be considered in terms of the nature and definition of the offense in light of the record of the foreign conviction. This approach requires a sentencing court to carefully review the elements of the foreign offense in terms of the classification of the conduct proscribed, its definition of the offense, and the requirements for culpability. Accordingly, the court may want to discern whether the crime is malum in se or malum prohibitum, or whether the crime is inchoate or specific. If it is a specific crime, the court may look to the subject matter sought to be protected by the statute, e.g. protection of the person or protection of property. It will also be necessary to examine the definition of the conduct or activity proscribed. In doing so, the court should identify the requisite elements of the crime -- the actus reus and mens rea -- which form the basis of liability.
Having identified these elements of the foreign offense, the court should next turn its attention to the Pennsylvania Crimes Code for the purpose of determining the equivalent Pennsylvania offense. An equivalent offense is that which is substantially identical in nature and definition as the out-of-state or federal offense when compared with [the] Pennsylvania offense. The record of the foreign conviction will be relevant also when it is necessary to grade the offense under Pennsylvania law or when there are aggravating circumstances. Where there is no equivalent offense, the prior foreign conviction is scored as a current Pennsylvania non-weapons misdemeanor in accordance with section 303.7(h). 204 Pa. Code § 303.7(h) (relating to incomplete prior records for Pennsylvania convictions).
Bolden, 532 A.2d at 1175-76 (emphasis added) (citation and footnote omitted).
In Commonwealth v. Robertson, 722 A.2d 1047 (Pa. 1999), this Court was asked to determine the equivalence of offenses for purposes of the DUI statute, as in Shaw. Specifically, the question before us in Robertson was whether the Maryland offense of "driving while intoxicated" ("DWI") was equivalent to Pennsylvania's DUI offense for purposes of the one-year mandatory minimum sentence applicable under our former DUI statute where the defendant "has three times previously been convicted of... an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years." 75 Pa.C.S. § 3731(e)(iv) (emphasis added) (repealed 2004). On appeal from his mandatory minimum sentence, Robertson argued that the Maryland DWI conviction was not equivalent to his Pennsylvania DUI conviction.
The six-Justice Robertson Court was evenly divided on the proper test for determining equivalence. Three Justices expressly endorsed the Bolden approach to determining equivalence of offenses, which I quoted at length in my Opinion in Support of Affirmance. In noting that we would uphold the sentence, we reasoned, in part, that to hold that Robertson was not subject to the mandatory minimum sentence "would be to ignore the underlying public policy behind the criminal statutes. Both the Maryland and Pennsylvania statutes sought to protect the public from individuals who drank to the point of substantial impairment and then operated a motor vehicle." Robertson, 722 A.2d at 1051. Our observation in Robertson that both the Maryland and Pennsylvania statutes were designed to protect the public was, of course, in perfect harmony with the Bolden court's observation of the relevance of "the subject matter sought to be protected by the statute, e.g. protection of the person or protection of property." Bolden, 532 A.2d at 1176. Then-Justice Cappy's Opinion in Support of Reversal criticized what he called our "policy driven approach," Robertson, 722 A.2d at 1051, but his view, like mine, did not garner a Court majority.
Shaw decided what Robertson had left open. In Shaw, in determining whether the New York offense of "driving while ability impaired" was equivalent to Pennsylvania's DUI offense, the 4-3 Majority "formally adopt[ed]" and applied the Bolden court's approach for determining equivalence of offenses. Shaw, 744 A.2d at 743. We described that approach as a comparison of "the elements of the crimes, the conduct prohibited by the offenses, and the underlying public policy behind the two criminal statutes." Id.
Instantly, the Majority "hold[s]" that a sentencing court must apply the test for determining equivalence of offenses that we set forth in Shaw. Majority Slip Op. at 9. Of course, such a "holding" is necessary only in the sense that we today decide that the Bolden/Shaw test applies for purposes of the Three Strikes Law; the general test for determining the equivalence of offenses was already articulated by a clear majority of this Court in Shaw. Recognizing the limited nature of today's holding, I join the Majority Opinion.
Madame Justice Todd joins this opinion.
I join the Majority opinion.
I write separately only to note the inherent limitations of a strict elemental equivalency analysis such as is reflected in Section 9714 of the Judicial Code, 42 Pa.C.S. §9714, as I believe such limitations are highlighted by the circumstances of the present case. Examining the undisputed facts underlying Appellee's New York arson conviction -- that Appellee intentionally burned a building housing a business -- it is apparent that Appellee's conduct, if committed in Pennsylvania, would have supported a conviction under Pennsylvania's "Arson endangering persons" statute.*fn14 Indeed, given the substantial overlap between the New York and Pennsylvania statutes, it is certainly possible that the General Assembly did not contemplate that such conduct would elude the enhanced sentencing equation under Section 9714.
On the other hand, various complexities attend the administration of an enhancement scheme accounting for specific factual elements, including: provision for the determination of particular facts in a system employing general verdicts; and the involvement of constitutional issues connected with sentencing enhancements, such as those arising under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348 (2000). In the face of such complexities, and consistent with the application of judicial restraint in defining the scope of criminal liability, I continue to support the notion that "equivalent crimes" are to be evaluated at an elemental level, absent more specific direction from the Legislature. Accord Commonwealth v. Shaw, 560 Pa. 296, 744 A.2d 739 (2000). To the degree the General Assembly wishes to effectuate a change, there are various models available,*fn15 which may be studied in devising a clear and coherent statutory framework that is consistent with governing law.
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Beverly Enterprises and Fillmore22 Nov 2005
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Beverly Enterprises agrees to bid by Fillmore
The pursuit of nursing-home operator Beverly Enterprises Inc. by private investor groups took a new turn as Beverly agreed to be acquired by a different firm, and at a lower price, than in a previous agreement.
Beverly, based in Fort Smith, Ark., said Fillmore Strategic Investors LLC will replace North American Senior Care as its buyer with an offer of $12.50 a share.
North American Senior Care had pledged $13 a share but had run into financing hurdles and Friday's financing deadline passed without the deal being completed.
In 4 p.m. New York Stock Exchange composite trading, Beverly shares were down 14 cents at $11.87.


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widen search Guerra & Zenzillo families
Are you looking for an Italian surname? Do you need more information about your family heritage?
This is the right place to start your genealogy search.
This is the right place to start your genealogy search.
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widen search Guerra & Zenzillo families
I would like to find the parents of the following relatives to establish kinship. They all lived in Minturno, Italy, and immigrated to the USA to meet up with their UNCLE/BROTHER IN LAW, Nicola Guerra. I have written to Minturno but it takes them so loooong to reply. FILIPPO ZENZILLO born 1877-1879 immigrated 1905 & 1911 to Utica, New York. CRESCENZO FEDELE born 1887 immigrated 1913 to Utica, New York. GIUSEPPE DI CLEMENTE born 1894 immigrated to Munnsville, New York. ANTONIO MICO born 1891 immigrated 1919 to Munnsville, New York Primary families in my tree are GUERRA, ZENZILLO, BRUNO & DI RUSSO. If anyone else is researching these families, I would be happy to exchange information. Thanks Lee
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OnomasticoYesterday : s. Giovanni Damasceno Today : s. Giulio Tomorrow : s. Nicola


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Marian Bantjes: A woman of letters
Neil Bennett talks to the designer, typographer and artist about her lavishly illustrated book of musings
Neil Bennett talks to the designer, typographer and artist about her lavishly illustrated book of musings
Johann Chan meets two designers for whom badges are a passion, though only one aspect of a much bigger portfolio of projects they initiated themselves
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David Watson tells Neil Bennett how a love of football and typograghy inspired a gratifying poster project raising money for Unicef.
Discover five creative geniuses who are changing they way we look at vector art: from Magnus Blomster's strange take on Art Noveau to Poked Studio's offbeat characters.
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Getting printed output that matches what you see on screen is a bugbear of most graphic designers and digital artists, so here's our guide to producing perfect prints.
Stuart Boyd, founder of art collective Subism, tells Neil Bennett how he's making street art a live event.
It's hard to miss the current vogue for illustration-based ads and other projects – but even more noticeable at the moment is a trend for putting text front and centre, integrating it into the very fabric of the image in detailed, elaborate artworks.
A new book reveals a rising trend for animal-themed pattern design
Learn how creatives are going back to basics, rediscovering the cult of Swiss school design, and remixing it with modern design trends and tools.
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text: COPYRIGHTED MATERIAL John Dewey We talked about the hours of preparation we had always put in on nights and weekends when we were young teachers. We were researching community field trip ideas, going to the library for additional books to support the children's learn- ing, looking in National Geographic and other magazines for photos that would authentically extend the subject matter we were involved in. It never occurred to us that when we walked out of our workplace our job was done. We are both passion- ate advocates of worthy wages for early childhood teachers and for expanded benefits and paid planning time. We are also educators who believe teaching is a passionate calling involving hours of preparation and planning that cannot pos- sibly be fit into the workday. In his book My Pedagogic Creed, Dewey references the need for teachers to teach children how to live in society. He believed that teachers shape society as well as individual chil- dren by what they do. A fine example of how this is currently being done is Head Start's I Am Moving, I Am Learning (IMIL) program. The program meets the individual as well as general needs of young children to learn conceptual information like colors, shapes, letters, and numbers in an active and fun way. At the same time, it addresses a serious societal problem in the United States: childhood obesity. It conveys the importance of good health to children by getting them up and moving and talking about the vegetables referenced in the songs, as well as how much fun it is to dance around to good music while helping their bodies to become strong and fit. An example of extending IMIL to other integrated approaches would be using the Early Sprouts approach by Karrie Kalich, Dottie Bauer, and Deirdre McPartlin for cooking and gardening experiences, also connected to taking good care of our bodies. John Dewey supported parents at a time when the United States was transitioning from an agricultural to an indus- trial age. Had someone mentioned "going green" to Dewey, 31 COPYRIGHTED MATERIAL


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Tell us about yourself!Complete Your Profile
My hands hurt just thinking about what you did! My only advice is to consider getting a large rotary cutter and mat. Thank you for honestly sharing what you learned the hard way. It does look great, though!View Instructable »
Thank you, mary.parry. The landfill issue is becoming larger for all of us. I hadn't thought about the positive spin possibilities of recycling as a means of delaying or avoiding landfill... We're not just saving money and resources for ourselves, we're helping the environment that we all share. Same action - different slant. Thanks for mentioning it.View Instructable »
Brilliant! I'm thinking it could be used in many 'easy to forget where you are' counting situations... physical therapy exercises for example, or how many cups of water have I had today. I like that you can move a bead and come back to it later... and it's so discrete. Nobody else has to know that it's anything more than some pretty beads hanging somewhere.View Instructable »
I've been using multiple darts in the waist band. This is SOOOOO much better! Thank you for sharing it!View Instructable »
Fun ideas! I just want to add that wire nuts make good game pieces. For something weightier, Rx containers semi filled with sand and wrapped in colored electrical tape (so the lid can't accidentally come off) and used with the cap as the bottom would work.View Instructable »
You've made the process very clear, and it really looks like fun. Once dry does the color rub off or run when it gets wet?View Instructable »
Oh my gosh! The perfect use for left over orthodontic elastics! I want to do this!View Instructable »
Wow! Great idea! And it could work as a night light or privacy window treatment... no silhouettes from back lighting.View Instructable »
Thanks again, fluffy owl! And thanks for sharing your ideas. I totally forgot the toy aspect, and you're the first to mention it. What are your favorite sock toys to make?View Instructable »
Thank you, fluffy owl! I've found the floss easier to move around if I wind it on shorter bows - about 4 inches instead of the long bows shown. That does mean winding instead of just transferring the skein, but I don't mind. I put the open skein over a luxor light (has a smooth metal sort of funnel shaped shade) and let it flop around as I wind.View Instructable »


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BOAZ -- If the Boaz City Council approves what Craig Owen claims is spot zoning, he said he will come before the council to request some spot zoning for his property.
Owen owns land across the corner from William Camper's property at the intersection of King Street and Snellgrove Avenue.
"Ever since Boaz has had zoning, the council has been good about not spot zoning," Owen said at the council meeting Monday night. "This is one-third acre out of 60 acres."
Camper said he wanted the 80-by-240-foot lot to build low-maintenance homes for senior citizens, which would require changing the zoning from R-2, medium density detached residential district, to R-7, patio garden homes district. Any other zoning requires a lot to be at least 85 feet long on one side.
"Would this be considered spot zoning?" Council Member Jerry Battles asked.
"It can be. Spot zoning is not totally illegal. You have to take into consideration what's best for the neighborhood," City Attorney Danny Smith said.
The city planning commission, of which Battles is a member, passed the issue to the council without a recommendation.
Council members voted to introduce the ordinance that would change the zoning on the lot to R-7. Mayor Tim Walker said they would vote on the ordinance at the May 5 council meeting.
The council discussed several other issues during a work session after the meeting, but no official action was taken:
Attending a state construction auction in Montgomery May 9-10.
Making a $1,500 donation to the Union Rescue Squad.
Having the police department patrol the area around the new library site because of drinking and other activities going on there at night.
Widening Williamson Street and putting in speed breakers so the street can be reopened to traffic. Part of the street was blocked off at the request of residents to prevent Wal-Mart traffic from coming through the subdivision.
Dealing with right-of-way questions brought up by Collier Street homeowners, which is delaying the widening project on that road.
Buying a new pothole patcher.
Planning for renovations to the city pool or partnering with another city to build a joint public pool.
Temporarily moving some funds from a 2001 bond issue to work on Williams Street and Brown Street, and then paying the money back over a period of several months from gas tax revenues.
Spending about $7,000 of city money and raising another $5,000 in donations to put on a series of four summer concerts showcasing local talent.
At the request of one resident, considering spending $2,500 to buy a wooden statue of Abraham Lincoln by a local artist.
Allowing the old post office building to be used as a training facility for the police and fire departments and helping the police set up a practice firing range in a fenced area between the street department and the sewer plant.
Spending money to help a business locate in the city. Walker and the council agreed they would be willing to spend up to half of the first year's increase in revenue to the city to help a new business locate there.
Contracting out garbage collection when the current contract expires in 10 months or setting up a city garbage-collection service.
Boaz council
BOAZ -- If the Boaz City Council approves what Craig Owen claims is spot zoning, he said he will come before the council to request some spot zoning for his property.


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Discussion in 'iOS Jailbreak & Cydia' started by mindthegap, Dec 4, 2009.
Is it possible to jailbreak an ipod touch 3 g 3.1.1?
only a tethered jailbreak and you will have to upgrade to 3.1.2. use blackra1n
tetherd means every time you turn your ipod off and on again you will need to run blackra1n and connect your ipod to the computer, but dont worry you wont loose any of your data.
Separate names with a comma.


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On Wednesday night,
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, a video begins to play showing Timberlake walking into a studio as the singer/actor explains why it has taken him so long to make a new album.
"I don't want to put anything out that I feel like is something I don't love," says Timberlake in the voiceover. "You just don't get that everyday. You have to wait for it." The video then ends with the singer stepping up to the mic and saying, "I'm ready." A countdown clock also indicates that something else will happen in three days.
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Pierre Robert Celebrates 35 Years at WMMR/Philadelphia
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KDND-FM Morning Show To Collect Toys for Sierra Forever Families
November 22, 2016
iHeartMedia Names Derrick "DC" Cole SVP/Programming For Wilmington, DE
James Corden Named Host Of 59th Annual Grammy Awards
WROR/Boston Radio Veteran Wally Brine Is Set To Retire
November 21, 2016
Cumulus Media-New Orleans Promotes Knight To OM, Williams To APD At WRKN & WZRH
Cumulus Appoints Kevin Graham As PD for WBAP & KLIF/Dallas
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10 August 2016
North Castle Partners has closed is oversubscribed sixth fund at $300m after just over six months on the road.
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US private equity firm North Castle Partners has sold Doctor's Best, a maker and distributor of science-based branded nutritional supplements.
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US private equity firm North Castle Partners is looking to close is sixth buyout fund at its $300m hard cap, AltAssets can reveal.
6 January 2016
US buyout house North Castle Partners has purchased mental health treatment program Turning Point.
4 January 2016
US private equity firm North Castle Partners has sold fitness equipment manufacturer Octane Fitness in a $115m deal.
2 July 2015
North Castle Partners, a Greenwich, Connecticut-based private equity firm specialising in small cap businesses in the health, wellness and active living sector, said Thursday it has acquired a "controlling stake" in Sprout Organic Foods Inc.
17 March 2015
Healthy living-focused private equity firm North Castle Partners has exited its investment in flatbread maker Flatout in a $92m all-cash deal.
4 September 2014
North Castle Partners has exited Canadian fitness clubs operator International Fitness to fellow private equity firm TriWest Capital.
22 July 2014
Private equity firm North Castle in speedy $308m sale of thermal mug business to trade buyer
28 May 2014
Health and wellness-focused private equity firm North Castle Partners is more than two-thirds of the way to raising its fifth buyout fund after pulling in over $170m, AltAssets can reveal.
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Damon: Thanx for asking me about sizes. Well on technical respect we can handle files with more than 20- 30 MB without any problems. I will be very greatful if many contributors would send me that size. I could take a file, open it......and wait .....read a book.....and wait.....go for a snack.....and wait, than get the next file ....and wait, lay down in the sun for a while ......Ha!
Damon: though these deserve a High-tech equipment and a BIG size...
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The deans at NC State have released a joint statement outlining the consequences of possible double-digit budget cuts and what steps they're taking to reduce the impact:
NC State is planning for budget cuts in response to the state's financial challenges. Although NC State is doing everything that it can to avoid affecting students' progress towards their degrees, the university cannot absorb cuts without affecting classes and courses. We want to help students, their families, and the public to understand the extraordinary efforts we are taking to protect classes and courses, and, despite those efforts, the subsequent impacts of budget cuts.
The faculty, staff, and administration of the university are committed to providing excellent and affordable higher education. Included among the steps we are taking to protect students' access to higher education are:
* Teaching more courses; some are volunteering to teach more classes, and some are replacing efforts in research, extension, and administration with instructional activities.
* Increasing available spaces in existing classes by moving some classes to larger rooms, and adding additional spaces to traditional courses via distance education technology.
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Although our extraordinary efforts have rescued or created thousands of additional spaces for students, budget reductions will still have significant, negative consequences. Included among those consequences are:
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Local Fibre production with Flax, Nettles, Broom, etc
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I have not seen the spinning and weaving section of how to do linen yet . I wonder if we could do "low end" too with the fibre? Like hanging baskets? We tried powerwashing flax to get out the fibres last weekend! It does work, cleans them really well! But it also tangles them up. BOO HOO!
Perhaps a powerwasher would work then to make something like the fibre nets for hanging baskets? Just make a mold from wire mesh and blast the crap out of the fibre in the mold. Basket shape DONE! I think it is mad to be transporting coconut fibres halfway around the world just to hang flowers in.
Any thoughts?
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The cheapest way to spin fiber is with a spindle. It looks alot like a top -- that toy you might have played with as a child. They can be made cheaply from an unwanted CD, a dowel, and a hook. (But I don't know if that will work well for flax or not.)
Anyway thanks for sharing
A favorite book of mine is..."A Weaver's Garden" by RitaBuchanan. It covers plants to grow for fiber, dyes, soap, bug repellents, etc.
nettles are covered in the book and compared favorably to linen.
"We're all just walking each other home." -Ram Dass
"Be a lamp, or a lifeboat, or a ladder."-Rumi
Denise Lehtinen wrote:I have thought about growing flax here in Florida, but my (web) research wasn't clear about whether it was too warm here or not. Flax oil and linen from the same plant sounds like a very good deal to me.
The cheapest way to spin fiber is with a spindle. It looks alot like a top -- that toy you might have played with as a child. They can be made cheaply from an unwanted CD, a dowel, and a hook. (But I don't know if that will work well for flax or not.)
Anyway thanks for sharing
I am pretty sure that flax for oil and flax for fiber are different varieties, just as cannabis for medicinal use and that grown for fiber are.
"We're all just walking each other home." -Ram Dass
"Be a lamp, or a lifeboat, or a ladder."-Rumi
plant and ignore it, and then you have tons, that will reseed easily. in almost any climate, from what i have read....it doesnt need much water or fuss....
never made baskets or linen, but have wondered how its done. seed oil too
have made paper from it...but not in a while. we used to mix the flax with other softer fibers, or with recycled fiber.....but you can do it by itself.....its much much easier to make recycled paper, cause the fiber is already been processed and by big machines and such.
you can also start with linen (or even cotton, or hemp cloth )
cut this up really small and add it to the pulp....of fresh fiber, or recycled paper. after they process it for fiber for cloth its at a state where it can be made into pulp more easily.
the simple version of making paper from it is to chop it up fairly small, boil it for a LONG time...well not always at a boil, get it to boiling, then let it cool, then boil again repeat for like a day or two....and then put it through a kind of big blender (or just a normal blender).
theres special "beaters" that paper makers use, but a normal blender will somewhat get it close enough. you do have to do it for a long time though....you can get a paper from it in a rough state, not blended and smooshed up as much, but it will have a thick and rough texture to it..the more it gets beaten (also the longer you heat it up and boil it) the smoother and better your paper will be.
now you have pulp that you put into a large vat of water (or a bathtub/sink for the homemade version) and then using deckles (basically a nice screen, can use a window screen to experiment) you pull a sheet of paper....by putting the deckle in the bottom, hold it with one hand near the bottom of vat, stir everything up and get the pulp as evenly suspended in the water....then grabbing the deckle and pulling up out of the vat there will be a sheet of paper on it.
this is the same method for any other paper fiber, though some need lots of boiling (hemp especially and flax too) and some dont take as much beating or boiling.
theres a lot of fine tuning, things you can add, colors, flowers, seeds...."sizing"
and additional steps....but thats the basic gist.
you could even make a cone, or bowl shaped deckle...and then you would pull up a basket like shaped piece of paper
Judith Browning wrote:Denise Lehtinen wrote:I have thought about growing flax here in Florida, but my (web) research wasn't clear about whether it was too warm here or not. Flax oil and linen from the same plant sounds like a very good deal to me.
The cheapest way to spin fiber is with a spindle. It looks alot like a top -- that toy you might have played with as a child. They can be made cheaply from an unwanted CD, a dowel, and a hook. (But I don't know if that will work well for flax or not.)
Anyway thanks for sharing
I am pretty sure that flax for oil and flax for fiber are different varieties, just as cannabis for medicinal use and that grown for fiber are.
i dont think so...or really i dont think it NEEDS to be different varieties...though possibly there are some that are preferable for one or the other.
and i could be wrong here...but i think that most varieties of flax will give both good fiber for paper or cloth, and oil, plus seed for food....
with cannabis theres no need to grow hemp. the medicinal varieties of cannabis work fine as a paper and cloth fiber.
hemp is...well basically more because of the weirdness of the medicine and laws and such....
though long ago, before the weird laws- there was an attempt to make certain cannabis varieties better for cloth and paper (sativa- long stems, more stem) and some that were bred for medicine (indica)...but by now they have both been...well you know =)
"We're all just walking each other home." -Ram Dass
"Be a lamp, or a lifeboat, or a ladder."-Rumi
i felt like i was babbling a bit, i do that =) i know..just interesting to me to share and get more info about stuff like this.
paper making is fun, i was super into it for a long time. first it was book binding, then i got a lot of odd sized extra pieces of nice handmade specialty paper from making the books...so i started making paper cause i didnt know what to do with the leftover ends and scraps.
...and later lived at a paper farm with some people doing work like this, learning about it....having nice tools and some presses...and all set up with a big beater.
we were making sensimilla paper, not hemp, because theres a LOT of fiber that gets wasted....that you can get for free...at least here in nor cal. and that was something we were sharing with people, that you can make good paper from the leftover parts of cannabis production...doesnt need to be "hemp". it was a bit edgy...errr something...to be doing so...but ah nor cal. its just weird here =)
and a lot of people didnt neccessarily know that....
and we didnt intentional rot the fiber, but it sometimes happened anyway. then you would reboil it....or the old pulp would get funky but you could still use it again- reboil it.
so still learning....but thats all interesting thats how you get yarn/cloth fiber?
i still dont get spinning/making cloth....
yeah...you could sculpt with the pulp too...never have done that, but have thought about it. ...maybe that would be the better way to make the baskets, or some kinds of pots....
i really like this idea anyway- making paper pots, and especially those hanging basket liners....i've been tempted to buy those before- but they are pricey, and havent.....never thought about making some...i think it wouldnt be too hard as long as it could be a bit rough.
and you can use almost any plant actually....to make paper...but you add that stuff in at a small percent...and theres hundreds of different plant fibers that people have worked with..i wrote something about this once, but dont have it online....
a big paper making plants piece from my research....
we used to make a paper that had local weeds in it...basically clear space for garden or whatever...and take some of the stalks and leaves from any old plant , even other things like usnea and seaweed...add it in at like 10 percent or a little more to a good paper making fiber plant....or to recycled paper.
i would definitely like to get back into this, but i get already too distracted, i have too many crafts ...but this is one i would really like to get a better set up and pick up again...get even more experienced at it....
I don't know if this should be another thread topic maybe...homestead paper making
"We're all just walking each other home." -Ram Dass
"Be a lamp, or a lifeboat, or a ladder."-Rumi
yes, agreed, this is a good idea. and i agree you would want something to hold together a bit more than just rough fibers, and a bit of pulp would work, maybe with some rougher fibers added in. you would have to experiment a bit to figure it all out.
you can sculpt with the sheets after you pull them, sure. it would be good to make them super thick by pulling them up on a deckle, and then let it start to dry just a bit. and then mold them into shape.
or once you pull them- flip them into a mold in the shape you want. a spaghetti colander? a sieve that was rounded? actually you could probably just use a colander/sieve of some kind to pull them from the vat, once you prepared the fiber.
i think you could get something that would work by boiling the fiber for a couple of days off and on, and then using a normal blender. it would be better to have a good big beater. it would be rough, but you would want it that way. you might even want it to be porous?
or as the OP says, make a wire mesh. you would want to make some kind of metal holder anyway, where you would attach the rope. maybe some thick copper wire...
i do have a big bag of flax right now...been meaning to do something with it so i have it dried. the blender take s a lot out of the solar panels battery bank....but i could if i wrapped my head around it and not have so many other projects, actually try this. i really do like the idea of hanging basket tomatoes...i have some in regular hanging planters that are plastic....but the upside ones you can do with the liners are something i've wanted to try....
I wonder how much the red wigglers like to eat your flax, waste as well as the golden fibers.
If I lived in florida, I would look into growing hemp fiber to weave with....You know hemp was one of the first export goods of the colonies here, before the grew cotton. Our founding fathers did use it for its medicinal qualities as well. I wish I could buy hemp sheets, i hear they are wonderful but the cost a mint
and thats pretty interesting about using blackberry canes for fiber.
i have just used them as mulch, they actually make an excellent mulch and provide (?) potassium (?) i think...or something i read about once and now forget ...the blackberry cane mulch is good though, that i remember, and provides something rare for the soil. but if you could use them as fiber, wow would that be an epic amount of free fiber.
without knowing much about it, i would think one might use it in a combination with another fiber.
you may have already- but if you havent -you should look into KENAF.
a member of the hibiscus family, which is one of my favorite plant families.
every one of them is edible, the entire plant- seeds, flowers, leaves, stalks and roots of every hibiscus/mallow is edible. actually i think you could probably use many members of the hibiscus/mallow family for fiber. even maybe related manihots too (or okra family)
some links and more info
^^^^^theres info on a variety of other fiber plants there^^^^
Another variation I read, with flowers growing from a vase, was "the pitcher represents the hearth/home and the tree of life, the newlywed are represented by a couple of birds together or by the symbolic drawing of a man and woman, the chain-stitch stands for the unbreakable chain of matrimony; carnations represent the man, the woman roses. Lilies stand for virtue and hearts for love; tendrils represent friendship, ivy deep affection; jasmine means the virtue of chastity; pomegranates and pines are the solidarity of the family; cockerels stand for the blessed offspring, and lizards are the amulet is a much desired happiness."
The video below is in Portuguese but it's worth a look as there is some interesting footage of traditional harvest and preparation of linen. Interestingly, the song they sing as they are working in the fields sounds just like the one that the old women sing when they are waiting for the bus driver to open the doors of the bus on the weekly trip to the supermarket. Some old traditions die harder than others!
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Pain at the end of urination, spasm in urethra. Had hysterectomy. Any help?
I hope you can shed some light on a problem I have. I am a 71 year old female. This is a problem I have had for at least 40 years but no doctor has been able to tell me what it is. When I urinate I have pain at the end of urination in the base of my bladder and down both arms and hands. It feels as if the urethra is spasaming then the arm and hand pain starts. The pain goes away as soon as urination stops. I have been to numerous doctors over the years and they all look at me as if I am crazy when I tell them my symptoms. I have many health problem but have had this one for a long time. Urinary infections didn t occure until 2002. 6 years after I had a hystorectomy. I had never had an infection until then. I have done some searching on the internet and found there are many people both male and female that have this problem. Is there any help you can give?
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Dr. Y V Siva Sankara Murty
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Can you give us further details? What investigations were done? What do the reports say?
Was a routine urine examination, urine culture and sensitivity and ultrasound abdomen done? If so what are the reports?
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Blue Fairy meets The Ring in the first panel?
Ruthie and her friends are not that mean. And who would want a little girl, even a bratty one, to drown? That's just cruel.
Just change her bratty disposition, that's all.
That fourth kid (the one who is not Ruthie, Cylene, or April Mae) needs a name. She seems to be becoming a regular. Today she even gets a speaking part—a big deal in the entertainment biz. She's just individual enough that I've been trying to figure out who she looks like.
She grants your wish after a week.
Yeah, it was just a joke. Kids wish for other kids to die all the time. "Cross my heart and hope to die." They aren't familiar with the reality yet, in most cases.
@dennis17 She reminds me of Marcie, who used to tag along with Peppermint Patty in the Peanuts strip. She seems to be serving the same function here.
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