Commonwealth v. Russell, 052920 PASUP, 1706 WDA 2018

Docket Nº:1706 WDA 2018, 1707 WDA 2018
Opinion Judge:OLSON, J.
Party Name:COMMONWEALTH OF PENNSYLVANIA v. JAMES LEONARD RUSSELL Appellant COMMONWEALTH OF PENNSYLVANIA v. JAMES LEONARD RUSSELL Appellant
Judge Panel:BEFORE: OLSON, J., McCAFFERY, J., and MUSMANNO, J.
Case Date:May 29, 2020
Court:Superior Court of Pennsylvania
 
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COMMONWEALTH OF PENNSYLVANIA

v.

JAMES LEONARD RUSSELL Appellant

COMMONWEALTH OF PENNSYLVANIA

v.

JAMES LEONARD RUSSELL Appellant

Nos. 1706 WDA 2018, 1707 WDA 2018

Superior Court of Pennsylvania

May 29, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered May 21, 2018 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0012425-2017, CP-02-CR-0009272-2017

BEFORE: OLSON, J., McCAFFERY, J., and MUSMANNO, J.

MEMORANDUM

OLSON, J.

Appellant, James Leonard Russell, appeals from the judgment of sentence entered on May 21, 2018, as made final by the denial of Appellant's post-sentence motion on November 26, 2018. We affirm.

The trial court ably summarized the underlying facts of this case. At trial, S.G., the daughter of Appellant's former paramour, testified that Appellant lived with her from when she was in second grade until some point when she was in the third grade. S.G. described Appellant as kind at first, the father figure she was lacking. Appellant was trusted to watch S.G. and her siblings while her mother was not in the home. . . .

S.G. testified that one day, she was downstairs in the living room watching television when Appellant called her upstairs to her mother's bedroom. She was seven years old at the time. Appellant closed the door and she sat on the bed while he stood next to her and rubbed her arm with his hand, then he rubbed her stomach and thighs. He pulled down her pants and she was scared because no other adult was home to help her. . . .

Appellant told her to turn around and positioned her such that her hands were on the bed and her knees were on the floor. She heard him remove his belt and unzip his jeans. Appellant placed her on the bed, placed her face down, and inserted his penis into her vagina. He took his penis out and inserted his fingers and penis alternately for approximately five minutes. Afterward, Appellant instructed her not to tell her mother. . . .

[S.G.] testified that he attempted to do this to her four times. Once, she went into her mother's room to retrieve her dolls. Appellant entered the room behind her and shut the door. He took off all of her clothes and pulled his pants down to his ankles. He kissed her on the lips and then penetrated her vaginally and anally. Specifically, she testified that Appellant put his penis...

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