HomeMy WebLinkAboutCP-21-CR-2060-2004
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
STEVEN HOLLENBAUGH: CP-21-CRIMINAL 2060 - 2004
IN RE: OPINION PURSUANT TO Pa. RA.P. 1925
Guido, J., December
, 2005
After a bench trial on October 14, 2005 we found the defendant guilty of
harassment in violation of Section 2709 (a)(l) of the Crimes Code.1 Since it was graded
as a summary offense, he was sentenced on that same day. He has filed this timely
appeal in which he alleges that "The Court erred in finding ( defendant) guilty of
harassment. ,,2
The relevant section of the Crimes Code provides as follows:
A person commits the crime of harassment when, with intent to harass,
annoy or alarm another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to
physical contact, or attempts or threatens to do the same.
18 Pa. C.S.A. S 2709 (a)(l). The defendant's former girlfriend testified that on the
morning of August 21,2004, she awoke to find the defendant "rifling through the
closet."3 When she asked what he was doing, he said that he was leaving her. The
girlfriend then testified that during the course of the ensuing argument, "He shoved me
1 18 Pa. C.S.A. ~ 2709(a)(1).
2 See "Concise Statement of Matters Complained of on Appeal".
3 Trial Transcript, p. 4.
into the refrigerator and spit in my face. ,,4 We believed her testimony. 5 Further, based
upon his actions (i.e. shoving and spitting) we were able to logically conclude that the
defendant had the requisite "intent to harass, annoy or alarm" her. Therefore, we found
him guilty.
DATE
Edward E. Guido, J.
Matthew P. Smith, Esquire
For the Commonwealth
Aria M. Waller, Esquire
F or the Defendant
:sld
4 Trial Transcript, p. 5.
5 Defense counsel ably argued that we should discount her testimony because she did not call the police
until later in the day, after she found out that the defendant had another girlfriend. We certainly considered
those arguments. However, in the final analysis, we found the testimony of the victim to have been
credible.