HomeMy WebLinkAboutCP-21-CR-1353-2003COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANTONIO DWAYNE
McADOO
OTN: H296491-6
CP-21-CR-1353-2003
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
OLER, J., May 18, 2004.
In this criminal case, Defendant was found guilty by a jury of Person Not
To Possess or Use Firearms, a felony of the second degree,~ Firearms Not To Be
Carried without a License, a felony of the third degree,2 Recklessly Endangering
Another Person, a misdemeanor of the second degree,3 and Simple Assault, a
misdemeanor of the second degree.4 He was sentenced to an aggregate period of
imprisonment in a state correctional institution of not less than 24 months nor
more than 48 months,s
From the judgment of sentence, Defendant has filed a direct appeal to the
Pennsylvania Superior Court.6 The sole issue being pursued on appeal is
expressed by Defendant in a statement of matters complained of on appeal as
follows:
The evidence was insufficient to find the
Defendant guilty of simple assault, recklessly
endangering another person, firearms not to be carried
without a license, and person not to possess or use
firearms.7
Act of December 6, 1972, P.L. 1482, 81, as amended
Act of December 6, 1972, P.L. 1482, 81, as amended
Act of December 6, 1972, P.L. 1482, 81, as amended
Act of December 6, 1972, P.L. 1482, 81, as amended
Order of Court, December 16, 2003.
Notice of Appeal, January 13, 2004.
18 Pa. C.S. 86105(a)(1) (2004Supp.).
18 Pa. C.S. 86106(a)(1) (2004 Supp.).
18 Pa. C.S. 82705.
18 Pa. C.S. 82701(a)(1), (3) (2004 Supp.).
7 Defendant's Concise Statement of Matters Complained of on Appeal, filed January 28, 2004.
This opinion in support of the judgment of sentence is written pursuant to
Pennsylvania Rule of Appellate Procedure 1925(a).
STATEMENT OF FACTS
On a challenge to the sufficiency of the evidence in a criminal case, the
evidence is to be viewed "in the light most favorable to the Commonwealth" and
"all reasonable inferences in the Commonwealth's favor" are to be entertained.
Commonwealth v. Jones, 449 Pa. Super. 58, 61, 672 A.2d 1353, 1354 (1996)
(quoting Commonwealth v. Carter, 329 Pa. Super. 490, 495-96, 478 A.2d 1286,
1288 (1984)). Viewed in this light, the testimony presented at trial supporting the
prosecution may be summarized as follows:
At about 2:15 a.m.8 on Sunday, May 11, 2003,9 Defendant and another man
confronted Kevin Shughart and a woman named Robin Stone as they approached
the entrance to Mr. Shughart's apartment building at 5 North Bedford Street,
Carlisle Borough, Cumberland County, Pennsylvania.l° Defendant rushed up to
Mr. Shughart and Ms. Stone,~ demanding of Mr. Shughart: "Where your shit?"
or "Give me your shit.''~2
Mr. Shughart said that he had nothing.~3 Defendant looked at Ms. Stone
and said: "What you got? What you got? Give me your purse.''~4 He yanked her
purse from her shoulder~5 and handed it to his companion.~6
With Mr. Shughart and Ms. Stone backed up against a wall,~7 Defendant
told Mr. Shughart to "[s]how me your stuff.''~8 Mr. Shughart again demurred.~9
8 N.T. 25-27, 61, Trial (hereinafter N.T.
9 N.T. 14, 25-26.
lo N.T. 59-61, 66.
~ N.T. 32-33, 64-65.
~2 N.T. 32-33, 65, 68, 72.
~ N.T. 35, 68-69.
14 N.T. 34.
~5 N.T. 34.
16 N.T. 37, 71.
2
Defendant drew a six-to-eight-inch handgun,2° and fired a shot from it.2~ He
frisked Mr. Shughart, demanded and received a cell phone which he was carrying,
struck Mr. Shughart in the mouth with the gun, and said, "Give up your shit.''~
The blow "took [Mr. Shughart] out" and bloodied his mouth.~3
Defendant turned his attention to Ms. Stone, pointing the gun at her from a
distance of one foot.24 Mr. Shughart gave his wallet to Defendant.25 Defendant
pulled Ms. Stone's skirt up, asking "What else you got.''26 She was in fear for her
life.27 When Mr. Shughart attempted to come to Ms. Stone's assistance,
Defendant struck him on the back of his head with the gun,~8 causing his vision to
become unfocused.29
After withdrawing to a parked car owned by Defendant's uncle,3°
Defendant turned and once again pointed the gun at Mr. Shughart and Ms. Stone.3~
He and his companion then fled in the car.32 A search of the crime scene by police
failed to produce the gun.
~7 N.T. 35, 71.
~8 N.T. 35.
19 N.T. 35.
20 N.T. 42.
2~ N.T. 16-18, 36, 65, 68, 112.
22 N.T. 36, 38, 69, 70, 73.
2~ N.T. 69, 102.
24 N.T. 34, 37, 72, 77.
25 N.T. 37, 72, 77.
26 N.T. 41.
27 N.T. 41.
28 N.T. 73.
29 N.T. 76.
~0 N.T. 38-39, 97-98.
~ N.T. 39.
~2 N.T. 39.
~ N.T. 102.
3
Ms. Stone's purse was subsequently found in Harrisburg, Dauphin County,
Pennsylvania, within three to four blocks of Defendant's residence.34 The
Commonwealth and Defendant stipulated at trial that Defendant's criminal record
included a conviction for a drug offense which made it unlawful for him to receive
a license to carry, or to possess, a firearm.35
Defendant's testimony at trial was to the effect that shortly before the
confrontation Mr. Shughart had attempted to buy drugs from him,36 that he had
declined to sell Mr. Shughart drugs,37 and that during the incident upon which the
present prosecution was based he had elbowed38 Mr. Shughart to fend off
harassing conduct, which he regarded as threatening,39 arising out of his refusal to
furnish drugs to Mr. Shughart.4° Defendant indicated that neither he, nor anyone
else, had a gun on this occasion.4~ He denied having committed any crimes.42
Defendant identified the man he was with an "old acquaintance''43 from "around
town,''44 whom he could not describe physically except as to race and sex45 and
whose name he did not recall.46 He did recall that the man "had hair.''47
34 N.T. 49, 99-100.
35 N.T. 118-19.
36 N.T. 122.
37 N.T. 122.
38 N.T. 126.
39 N.T. 126.
40 N.T. 126.
4~ N.T. 127.
42 N.T. 127.
43 N.T. 128.
44 N.T. 128.
45 N.T. 129.
46 N.T. 128.
47 N.T. 129.
4
Following deliberations, the jury found Defendant guilty of the crimes
specified above.48 He was sentenced as indicated on December 16, 2003,49 and he
filed a notice of appeal from the judgment of sentence on January 13, 2004.
DISCUSSION
Statement of the Law
Test for Sufficiency of the Evidence. In an evaluation of the sufficiency of
the evidence presented at trial, the proper test is "whether, viewing the evidence
admitted at trial in the light most favorable to the Commonwealth and drawing all
reasonable inferences in the Commonwealth's favor, there is sufficient evidence to
enable the trier of fact to find every element of the [crime] charged beyond a
reasonable doubt." Commonwealth v. dories, 449 Pa. Super. 58, 61, 672 A.2d
1353, 1354 (1996) (quoting Commonwealth v. Carter, 329 Pa. Super. 490, 495-96,
478 A.2d 1286, 1288 (1984)). The trier of fact is "free to believe all, part or none
of the evidence." Commonwealth v. Griscavage, 512 Pa. 540, 543, 517 A.2d
1256, 1257 (1986).
Person Not To Possess or Use Firearms. Section 6105(a)(1) of the Crimes
Code provides as follows:
A person who has been convicted of [any of
certain offenses, including a drug offense punishable
by a term of imprisonment exceeding two
years] ... shall not possess, use, control, sell, transfer
or manufacture or obtain a license to possess, use,
control, sell, transfer or manufacture a firearm in this
Commonwealth. 50
Firearms Not To Be Carried without a License. Under Section 6106(a)(1)
of the Crimes Code, it is provided as follows:
48 Order of Court, November 19, 2003. The jury gave Defendant the benefit of the doubt as to
several other charges, including robbery. Id.
49 Order of Court, December 16, 2003. The sentences for the various offenses were made to run
concurrently with each other. Id. The longest sentence imposed (24 months to 48 months) was
for Person Not To Possess or Use Firearms. Id.
50 Act of December 6, 1972, P.L. 1482, §1, as amended, 18 Pa. C.S. §6105(a)(1) (2004 Supp.).
5
[With certain exceptions not here relevant], any
person who carries a firearm in any vehicle or any
person who carries a firearm concealed on or about his
person, except in his place of abode or fixed place of
business, without a valid and lawfully issued license
under this chapter commits a felony of the third
degree.5~
A "firearm" is defined as follows:
Any pistol or revolver with a barrel length less
than 15 inches, any shotgun with a barrel length less
than 18 inches or any rifle with a barrel length less
than 16 inches, or any pistol, revolver, rifle or shotgun
with an overall length of less than 26 inches)2
Recklessly Endangering Another Person. Under Section 2705 of the
Crimes Code, it is provided as follows:
A person commits a misdemeanor of the second
degree if he recklessly engages in conduct which
places or may place another person in danger of death
or serious bodily injury)3
Simple Assault. Finally, under Section 2701(a)(1), (3) of the Crimes Code,
it is provided as follows:
A person is guilty of assault if he:
(1) attempts to cause or intentionally,
knowingly or recklessly causes bodily
injury to another; [or]
(3) attempts by physical menace to
put another in fear of imminent serious
bodily injury .... 54
s~ Act of December 6, 1972, P.L. 1482, 81, as amended, 18 Pa. C.S. 86106(a)(1) (2004 Supp.).
s: Act of December 6, 1972, P.L. 1482, 81, as amended, 18 Pa. C.S. 86102.
s~ Act of December 6, 1972, P.L. 1482, 81, as amended, 18 Pa. C.S. 82705.
s4 Act of December 6, 1972, P.L. 1482, 81, as amended, 18 Pa. C.S. 82701(a)(1), (3) (2004
Supp.).
6
Application of Law to Facts
In the present case, it is believed that the evidence as recited above
regarding Defendant's conduct with a handgun and his prior conviction amply
supported a finding, beyond a reasonable doubt, that Defendant had both
possessed and used a firearm, as defined in the Crimes Code, on the occasion in
question, while under a statutory disqualification from doing so. The events as
described further supported a finding that he had carried the firearm both
concealed upon his person and in a vehicle, while not licensed to do so.
Similarly, the evidence that Defendant backed Ms. Stone into a wall with a
loaded gun pointed at her from a foot away and fired the weapon in a residential
neighborhood supported a conclusion, beyond a reasonable doubt, that he had, at
least recklessly, engaged in conduct which may have placed another in danger of
death or serious bodily injury. Finally, the evidence that Defendant had beaten
Mr. Shughart to the point of causing disorientation, visual disturbances and a
bloody mouth, and that he had menaced Mr. Shughart and Ms. Stone with a loaded
gun, was sufficient to support a finding, beyond a reasonable doubt, that he had
committed simple assault in any of the forms enumerated above.
For the foregoing reasons, it is believed that the evidence was sufficient to
support the guilty verdicts of the jury, and that the judgment of sentence was
properly entered.
BY THE COURT,
Jaime Keating, Esq.
Senior Assistant District Attorney
Jessica B. Rhoades, Esq.
Assistant Public Defender
J. Wesley Oler, Jr., J.
7