Com. v. Trippett

• Decision Date: 24 August 2007
• Citation: 932 A.2d 188
• Parties: COMMONWEALTH of Pennsylvania, Appellee v. Lawrence TRIPPETT, Appellant.
• Court: Pennsylvania Superior Court

932 A.2d 188

COMMONWEALTH of Pennsylvania, Appellee v. Lawrence TRIPPETT, Appellant.

Superior Court of Pennsylvania.

Argued May 3, 2007.

Filed August 24, 2007.

Charles A. Klein, Philadelphia, for appellant.

Hugh J. Burns, Jr., Asst. Dist. Atty., for Com., appellee.

BEFORE: TODD, J., McEWEN, P.J.E., and JOHNSON, J.

OPINION BY JOHNSON, J.:

¶ 1 Lawrence Trippett appeals from the judgment of sentence entered following his convictions of Involuntary Deviate Sexual Intercourse (IDSI), Endangering Welfare of Children, and Corruption of Minors. See 18 Pa.C.S. §§ 3123(b), 4304, 6301(a) (respectively). Trippett contends that the evidence was insufficient to support the verdict and that the verdict was against the weight of the evidence. Trippett also contends that his Sixth Amendment right to a speedy trial was violated because he was not arrested until over nine years after the incidents occurred. Trippett further contends that the charges should have been dismissed because the Commonwealth failed to bring the charges to trial within the requisite 365 days prescribed by Pennsylvania Rule of Criminal Procedure 600. Trippett contends that the trial court abused its discretion in denying his motion in limine which sought to exclude evidence of his prior crimen falsi convictions which was to be used to impeach his testimony. Trippett also contends that the trial court's jury instructions were prejudicial. Finally, Trippett challenges the discretionary aspects of sentencing by arguing that his sentence was excessive. After study, we find no merit in any of Trippett's contentions. Accordingly, we affirm the judgment of sentence.

¶ 2 The trial court set forth the relevant underlying facts:

The facts underlying the instant case concern three separate incidents that occurred during 1992 or 1993 around 5539 Chester Avenue and 5504 Greenway Avenue in the City and County of Philadelphia. The complainant, [T.T.], was around [seven] to nine years old when the events took place. After her mother's death, [T.T.] lived with her paternal grandmother. The defendant also lived in the same household.

[T.T.] stated that while living with her paternal grandmother, the defendant would occasionally take care of her when no other adults were around. She testified that on one occasion, while at 5539 Chester Avenue, the defendant stood in front of her naked, applied lotion to his legs, and asked, "Did you get a good peak?" According to [T.T.], the entire incident lasted about five minutes.

The next incident occurred around the summertime when [T.T.] resided at 5504 Greenway Avenue. [T.T.] testified that as she entered the bathroom, the defendant followed her inside. While both parties were inside the bathroom together, the defendant told [T.T.], who was against the door, that he was going to do something to her. He then knelt down, placed his tongue on [T.T.'s] vagina, and performed oral sex on her. Afterwards, the defendant leaned against the door and compelled [T.T.], against her will, to kneel down and perform oral sex on him. [T.T.] stated that the third incident involved the defendant "French kissing" her in her mouth while in the basement.

When [T.T.] was about sixteen years old, she revealed details of the incidents to her aunt, Louise Trippett. Around February of 2002, when [T.T.] was about seventeen or eighteen years old, she also told a Department of Human Services worker that when she was about seven to nine years old, the defendant performed oral sex on her and that she performed oral sex on the defendant. [On November 2, 2002, the Commonwealth filed a criminal complaint against defendant charging him with multiple offenses including IDSI, endangering the welfare of a child, and corruption of a minor.] Subsequently, a police investigation ensued and attempts to locate the defendant were done. Around [October] 2003, the defendant was finally apprehended and arrested.

Trial Court Opinion (T.C.O.), 8/30/05, at 1-2 (citations to notes of testimony omitted).

¶ 3 On November 18, 2003, the trial court held a preliminary hearing where the charges were bound for trial. Trippett's public defender withdrew from the case on January 14, 2004, citing a conflict of interest. The trial court appointed Trippett new counsel that same day. The case was listed to go to trial on February 11, 2004; however, the case was continued until June 28, 2004, because of the unavailability of a Commonwealth witness. On June 28, 2004, the case was continued until the next day due to the unavailability of the assigned judge, the Honorable Gwendolyn Bright. On June 29, 2004, the case was again continued for a day due to the judge's unavailability. On June 30, 2004, the case was continued until November 15, 2004, because the prosecutor, defense counsel, and the court were engaged in other trials.

¶ 4 On July 26, 2004, Trippett filed a motion to dismiss the charges under Pa. R.Crim.P. 600 and the Sixth Amendment right to a speedy trial. The Honorable Joan Brown denied the motion on October 7, 2004; however, Judge Brown granted Trippett release on nominal bail under Rule 600(e). On November 15, 2004, the prosecution and the defense were ready to proceed, but Judge Bright was again unavailable because she was presiding over another trial. The prosecutor requested that the case be transferred to another judge; however, no judges were available. The case was re-listed for the following day. On November 16, 2004, Judge Bright was still hearing the other case. Judge Bright, seeking to keep the case, issued a continuance until May 16, 2005. The prosecutor specifically requested that the trial court extend the time available under Rule 600. The trial court docket indicates the trial court ruled the time from November 16, 2004, until May 16, 2005, excludable under Rule 600. On May 16, 2005, Judge Bright was again unavailable and the case was transferred to the Honorable Anthony J. DeFino.

¶ 5 On May 18, 2005, Trippett again filed a motion to dismiss the charges under Rule 600 and filed a motion in limine seeking to preclude the use of his prior convictions against him if he testified. Judge DeFino denied both of these motions. On May 19, 2005, a jury trial commenced. After hearing the evidence, the jury convicted Trippett of IDSI, endangering the welfare of a child, and corruption of a minor. Judge DeFino deferred sentencing until the pre-sentence report, a mental health evaluation, and a sexual offender assessment could be completed. On November 9, 2005, Judge DeFino imposed a sentence of five to ten years' imprisonment and a consecutive three years' probation for IDSI and a consecutive sentence of one to two years' imprisonment for endangering the welfare of a child. Judge DeFino did not impose a sentence for the corruption of a minor conviction. Trippett filed a post-sentence motion which the trial court denied on March 20, 2006.

¶ 6 Trippett now appeals, raising the following questions for our review:

1. Did not the lower court abuse its discretion by denying appellant's post-sentence motion requesting arrest of judgment where the evidence was insufficient to the convictions, where appellant established that he had been denied his right to a "speedy trial" and/or had denied his right to a "prompt trial" under Pa. R.Cr.P. [sic] 600(g)?

2. Did not the lower court abuse its discretion by denying appellant's post-sentence motion requesting the grant of a new trial, where appellant established that the verdicts were against the weight of the evidence, the lower court had erred in denying his motion in limine and had erred in its instructions to the jury?

3. Did not the lower court abuse its discretion by denying appellant's post-sentence motion requesting reconsideration of sentence, where appellant established that the sentence imposed was manifestly unreasonable and excessive, and otherwise violated the fundamental norms of the sentencing process?

Brief for Appellant at 3.

¶ 7 We initially note that in each of his first two questions, Trippett seeks relief on multiple different issues within each question. In his first question presented, Trippett contends that the trial court abused its discretion in refusing to grant his post-sentencing motion for three separate reasons. Trippett initially argues that the evidence was insufficient to support his IDSI conviction. Brief for Appellant at 7.

A sufficiency claim prompts us to determine whether the evidence, and all reasonable inferences deducible from that, viewed in the light most favorable to the Commonwealth as verdict winner, are sufficient to establish all the elements of the offense beyond a reasonable doubt. As an appellate court, we do not assess credibility nor do we assign weight to any of the testimony of record. Instead, we review the totality of evidence offered at trial to determine if it lends adequate support to the verdict.

Commonwealth v. Kinney, 863 A.2d 581, 584 (Pa.Super.2004) (internal citation and quotation marks omitted).

¶ 8 Trippett's entire claim is premised on the credibility of the testimony of the victim, T.T. Brief for Appellant at 8. Trippett argues that T.T.'s testimony "was so inherently unreliable and unbelievable that the jury had no basis upon which to find [him] guilty." Brief for Appellant at 8. Trippett only cites to the notes of testimony and boilerplate case law to support his argument. Brief for Appellant at 8-11.

¶ 9 It is well-settled that our Court "cannot substitute its judgment for that of a jury on issues of credibility." Commonwealth v. DeJesus, 580 Pa. 303, 860 A.2d 102, 107 (2004). The jury is free to believe all, part, or none of the testimony presented. See Commonwealth v. Brotherson, 888 A.2d 901, 904 (Pa.Super.2005). Further, "[t]his Court has long-recognized that the uncorroborated testimony of a sexual assault victim, if believed by the trier of fact, is sufficient to convict a defendant[.]" Commonwealth v. Charlton, 902 A.2d 554, 562 (Pa.Sup...