Commonwealth v. Smith
Decision Date | 20 March 2019 |
Docket Number | No. 554 MDA 2018,554 MDA 2018 |
Citation | 206 A.3d 551 |
Parties | COMMONWEALTH of Pennsylvania v. John SMITH, Appellant |
Court | Pennsylvania Superior Court |
Robert M. Buttner, Scranton, for appellant.
Mark J. Powell, Assistant District Attorney, and Lisa A. Swift, Assistant District Attorney, for Commonwealth, appellee.
BEFORE: STABILE, J., DUBOW, J., and STEVENS,* P.J.E.
Appellant John Smith appeals the judgment of sentence entered by the Court of Common Pleas of Lackawanna County after a jury convicted Appellant of indecent assault of a minor less than 13 years of age, corruption of minors, simple assault, and endangering the welfare of a child (EWOC).1 After careful review, we affirm.
The lower court summarized the factual background of this case as follows:
The charges in this case arose between September 1, 2016 and January 2017. The victim in this case began taking karate lessons at [Appellant's] karate studio when he was four or five years old. In September of 2016, the victim, who was then nine years old, began taking private archery lessons from [Appellant] as well. During these lessons, [Appellant] played truth or dare with the child. On some occasions when the child chose dare, [Appellant] had him remove all of his clothing and when the victim was naked, [Appellant] spanked his bare buttocks while he climbed a metal pole. When [Appellant] spanked the child, he gave the child the option of choosing 10 hard or 50 soft spankings, but told him that if he chose hard, it would make him tougher. This occurred numerous times. [Appellant] told the victim not to tell his parents because they were not a part of the karate brotherhood.
Trial Court Opinion, 6/6/18, at 1-2.
On November 14, 2017, a jury convicted Appellant of the aforementioned charges. On February 20, 2018, the trial court sentenced Appellant to one to three years' imprisonment for the indecent assault charge, 1½ to 4 years' imprisonment for the corruption of minors charge, 6 months to 2 years' imprisonment for the simple assault charge, and 3½ to 7 years' imprisonment for the EWOC charge. As all sentences were consecutive, Appellant received an aggregate sentence of 6½ to 16 years' imprisonment.
On February 27, 2018, Appellant filed a post-sentence motion, which the lower court subsequently denied. Appellant filed a timely appeal and complied with the lower court's direction to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b).
Appellant raises the following issues on appeal:
We first review Appellant's challenges to the sufficiency of the evidence supporting his simple assault conviction. Our standard of review is as follows:
The standard we apply in reviewing the sufficiency of the evidence is whether viewing all the evidence admitted at trial in the light most favorable to the verdict winner, there is sufficient evidence to enable the fact-finder to find every element of the crime beyond a reasonable doubt. In applying the above test, we may not weigh the evidence and substitute our judgment for the fact-finder. In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. Any doubts regarding a defendant's guilt may be resolved by the fact-finder unless the evidence is so weak and inconclusive that as a matter of law no probability of fact may be drawn from the combined circumstances. The Commonwealth may sustain its burden of proving every element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence. Moreover, in applying the above test, the entire record must be evaluated and all evidence actually received must be considered. Finally, the finder of fact [,] while passing upon the credibility of witnesses and the weight of the evidence produced is free to believe all, part or none of the evidence.
Commonwealth v. Davison , 177 A.3d 955, 957 (Pa.Super. 2018) (quoting Commonwealth v. Talbert , 129 A.3d 536, 542–43 (Pa.Super. 2015) ).
Appellant was charged under Section 2701(a)(1) of the Crimes Code, which provides that a person may be convicted of simple assault if he "attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another." 18 Pa.C.S.A. § 2701(a)(1). Specifically, Appellant claims there was insufficient evidence to show he caused the victim bodily injury.2
This Court set forth a thorough discussion of the definition of "bodily injury" in Commonwealth v. Marti , 779 A.2d 1177 (Pa.Super. 2001) :
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