In re T.A.T.-P., 060220 PASUP, 1816 MDA 2019

Docket Nº:1816 MDA 2019
Opinion Judge:OLSON, J.
Party Name:IN THE INTEREST OF: T.A.T.-P., A MINOR APPEAL OF: T.A.T.-P.
Judge Panel:BEFORE: OLSON, J., MURRAY, J., and COLINS, J.
Case Date:June 02, 2020
Court:Superior Court of Pennsylvania
 
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IN THE INTEREST OF: T.A.T.-P., A MINOR

APPEAL OF: T.A.T.-P.

No. 1816 MDA 2019

Superior Court of Pennsylvania

June 2, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Dispositional Order Entered October 15, 2019 In the Court of Common Pleas of Berks County Juvenile Division at No(s): CP-06-JV-0000382-2019

BEFORE: OLSON, J., MURRAY, J., and COLINS, J. [*]

MEMORANDUM

OLSON, J.

Appellant, T.A.T.-P., a juvenile, appeals from the October 15, 2019 dispositional order1 finding him in need of treatment, supervision, or rehabilitation and adjudicating him delinquent of simple assault and harassment - subject other to physical contact.2 As disposition, the juvenile court ordered Appellant to perform 20 hours of community service or pay a $145 fine in lieu of service hours. We affirm.

The juvenile court set forth the factual history as follows: On April 4, 2019[, ] at approximately 3:20 [p.m.], [Appellant] was riding his bicycle at or near the corner of North 12th and Walnut Streets in the City of Reading, Berks County[, ] Pennsylvania. This was the normal time []for school dismissal at the Reading Intermediate High School[]. During dismissal, the protocol [is] for North 12th Street to remain temporarily closed, allowing only buses to enter the street in order to ensure an efficient and safe dismissal. No other traffic is allowed [to drive on] North 12thStreet until dismissal is complete.

On the above date and time, [Appellant] had been riding his bicycle in the intersection of North 12th and Walnut [Streets]. Cars and buses were navigating the area while [Appellant] was in the middle of the [intersection]. [Appellant] then left the intersection and attempted to gain access to North 12th Street on his bicycle. Officer Charles Menges of the City of Reading Police Department stopped [Appellant] and told him he could not enter the area. [Appellant] told Officer Menges that he could[ not] tell him what to do, to which Officer Menges again told [Appellant] he was not allowed in the area. [Appellant] failed to heed the instructions of Officer Menges and attempted to pass the officer. Upon attempting to pass Officer Menges, the officer grabbed the handlebars of [Appellant's] bicycle. [Appellant] physically pushed Officer Menges, which caused the officer to fall to the ground. The fall resulted in scratches and scrapes to the officer's right leg and right forearm.

[Appellant] attempted to continue down North 12th Street. In response, and while still on the ground, Officer Menges grabbed the rear tire of [Appellant's] bicycle in an attempt to stop [Appellant]. Almost immediately[, ] other individuals, including Criminal Investigator Ryan Crampsie of the [City of ]Reading Police Department, came to the aid of Officer Menges and ultimately took [Appellant] into custody. [Appellant] was eventually released into the custody of his father, who was called to the scene.

Juvenile Court Opinion, 1/23/20, at 2-3.[3]

On June 19, 2019, the Commonwealth filed a delinquency petition against Appellant charging him with the aforementioned delinquent acts, as well as disorderly conduct, recklessly endangering another person, and obedience to authorized persons directing traffic.4 The juvenile court conducted a hearing on September 24, 2019. Upon finding that Appellant committed the delinquent acts of simple assault, harassment, and obedience to authorized persons directing traffic, the juvenile court deferred its determination regarding whether Appellant needed treatment, supervision, or rehabilitation and deferred its determination concerning whether to adjudicate Appellant delinquent.5 Juvenile Court Adjudicatory/Dispositional Hearing Order, 10/4/19.

On October 15, 2019, the juvenile court conducted an adjudication and dispositional hearing.[6] At the hearing, the juvenile court adjudicated Appellant delinquent on the "previous charge of simple assault" and found Appellant was "in need of treatment, rehabilitation, and supervision on that charge." N.T., 10/15/19, at 4. At the conclusion of the hearing, the juvenile court entered an Adjudicatory/Dispositional Hearing Order finding that Appellant was in need of treatment, supervision, or rehabilitation and adjudicating Appellant delinquent. As disposition, the juvenile court ordered Appellant, inter alia, to perform 20 hours of community service or, in lieu of performing community service, pay a $145 fine. Juvenile Court Dispositional Order, 10/15/19.7

Appellant did not file a post-dispositional motion. This appeal followed.8

Appellant raises the following issues for our review: 1. Whether the Commonwealth failed to present sufficient evidence to support an adjudication of delinquen[cy] on the charge of [s]imple [a]ssault, specifically, that [Officer Menges] suffered bodily injury and that []Appellant attempted to or intentionally, knowingly or recklessly caused said bodily injury[?]

2. Whether the Commonwealth failed to present sufficient evidence to support an adjudication of delinquen[cy] on the charge of [h]arassment, specifically, that the Appellant came into physical contact with Officer Menges with the intent to harass, annoy or alarm him[?]

Appellant's Brief at 5.

Our standard of review when examining a challenge to the sufficiency of the evidence...

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