HomeMy WebLinkAboutCP-21-CR-1236-2005
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ANTHONY LEE WHITE
NO. CP-21-CRIMINAL 1236 - 2005
IN RE: OPINION PURSUANT TO Pa. RA.P. 1925
Guido, 1., March
,2006
After a trial by jury the defendant was convicted of one count of aggravated
assault. 1 On January 3, 2006 he was sentenced to undergo imprisonment in a state
correctional institution for 15 to 30 months.2 He has filed this timely appeal in which he
challenges the sufficiency of the evidence.3
The defendant was charged with aggravated assault under Section 2702 (2) (3) of
the Crimes Code. That Section provides as follows:
Aggravated assault
(a) Offense defined. - A person is guilty of aggravated assault if he:
(3) attempts to cause or intentionally or knowingly causes bodily injury to
any of the officers, agents, employees or other persons enumerated in
subsection ( c), in the performance of duty;
18 Pa. C.S.A. S 2702 (a) (3).
The Commonwealth's evidence may be summarized as follows. The defendant
was an inmate in the Special Management Unit at the State Correctional Institution at
1 18 Pa. C.S.A. ~ 2702 (a) (3).
2 This sentence was in the low end of the standard range under the sentencing guidelines.
3 See Concise Statement of Matters Complained of on Appeal.
NO. CP-21-CRIMINAL 1236 - 2005
Camp Hill. As he was being escorted from one area of the unit to another he grabbed
Corrections Officer Perez by the testicles and head butted him in the face.4 Not only did
the corrections officer sustain substantial pain as a result of his testicles being grabbed, he
also sustained a broken nose and concussion as a result of the head butt.
Although he filed the appeal challenging the sufficiency of the evidence,
defendant's counsel concedes that the issue is "wholly frivolous.,,5 We agree.
DATE
Edward E. Guido, 1.
District Attorney
Ari D. Weitman, Esquire
F or the Defendant
:sld
4 A corrections officer is one of the employees "enumerated in subsection c." See 18 Pa. C.S.A.
~ 2702 (c) (9).
5 See "Concise Statement of Matters Complained of on Appeal", footnote # 1.
2