You are on page 1of 4


_________________________________________/ MOTION FOR BILL OF PARTICULARS PURSUANT TO PRCrP 572 COMES NOW, the Defendant, HAMLET GARCIA, by and through undersigned counsel hereby files his Motion for Bill of Particulars pursuant to Pennsylvania Rule of Criminal Procedure 572 and as grounds states as follows: FACTUAL HISTORY 1. On or about August 30, 2013 Hamlet Garcia was arrested and charged with one count of Theft of Services pursuant to 18 Pa. CSA 3926(a)(1) and one count of Conspiracy to Commit Theft of Services Pursuant to 18 Pa. CSA 903(a)(1).. 2. The defendant was charged by information and the information charges defendant as outlined above. 3. Discovery alleges that Defendant used an address other than his own to enroll his child in public school in Montgomery County. The information is silent as to the factual basis for the charges.


18 Pa.CSA3926(a)(1) says Acquisition of Services - A person is guilty of theft if he intentionally obtains services for himself or for another which he knows to are available only for compensation, by deception or threat, by altering or tampering with the public utility meter or measuring device by which services are delivered or by causing or permitting such altering or tampering, by making or maintaining any unauthorized connection, whether physically, electrically or inductively, to a distribution or transmission line, by attaching or maintaining the attachment of any unauthorized device to any cable, wire, or other component of an electric, telephone or cable television system or to a television receiving set connected to a cable television system, by making or maintaining any unauthorized modification or alteration to any device installed by a cable television system, or by false taken or other trick or artifice to avoid payment for the service. 18 Pa.CSA3926(h) says Service Includes, but is not limited to, labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, cable television service, the supplying of equipment for use and the supplying of commodities of a public utility nature such as gas, electricity, steam and water, and telephone or telecommunication service. The term unauthorized means that payment of full compensation for service has been avoided, or has been sought to be avoided, without the consent of the supplier of service.

18 Pa. CSA 3926 fails to specifically define certain terms used therein. Thus, [W]hen determining the meaning of a statute, a court must begin with the plain meaning of the language used in that statute. Commonwealth v. Barnhart, 722 A.2d 1093, 1095 (Pa.Super.1998), appeal denied, 559 Pa. 672, 739 A.2d 539 (Pa.1999) (citation omitted). A court cannot disregard clear and unambiguous statutory language under the pretext of pursuing the spirit of the statute. Id. (citation omitted). It is only when a statute is unclear that the court may embark upon the task of ascertaining the intent of the legislature. Id. Absent a definition in a statute, statutes are presumed to employ words in their popular and plain everyday sense, and popular meanings of such words must prevail. Id. at 1096 (citation omitted). Compensation is defined by Merriam-Webster Dictionary as (1) something that constitutes an equivalent or recompense; or (2) payment, remuneration. Education is defined by Merriam-Webster Dictionary as (1) the action or process of educating or of being educated; also a stage of such process; (2) the knowledge and development resulting from an educational process; the field of study that deals mainly with methods of teaching and learning in schools SPECIFIC REQUEST FOR PARTICULARS The Defendant seeks a Bill of Particulars outlining what Services are alleged to have been taken. The definition provided for the Service under 18 Pa.CSA3926(h) does not specifically enumerate an education as a service nor does it include educational services which is left undefined by the instant information. Additionally, the plain dictionary definition of education does not outline what is statutorily defined as a service. Therefore, the Defendant

demands a particular statement of the Service alleged to have been illegally acquired by defendant. The Defendant seeks a Bill of Particulars outlining what compensation the above sought service was available for. While the information purports the value of the education to be in excess of $10,000.00 there is no specification of the compensation the alleged service was available for. Therefore, the Defendant demands a particular statement of the compensation the alleged service was available for. WHEREFORE, the Defendant, HAMLET GARCIA, by and through undersigned counsel, hereby moves this Honorable Court to enter Order requiring that the District Attorney provide a Bill of Particulars specifically outlining the service they allege to be stolen and the compensation that alleged service was available for. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Assistant District Attorney Jeremy Lupo, 2 East Airy Street, 4th Floor, Norristown, PA 19401 and via email to with the original filed with the Clerk of Courts for Montgomery County, Clerk of Courts for Montgomery County, P.O. Box 311, Norristown, PA 19404-0311on this _____ day of June, 2013. Respectfully Submitted, THE CORONA LAW FIRM 3899 NW 7TH STREET, STE. 202B Miami, Florida 33126 Ph: (305)266-1150 Fax: (305) 266-1151 Email:

By:____________________________________ Nina Tarafa, Esq. Florida Bar No. 12178 Appearing Pro Hac Vice