Com. v. Douglas, A. ( 2019 )

J-S02040-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
ANTHONY DOUGLAS :
:
Appellant : No. 863 EDA 2018
Appeal from the Judgment of Sentence February 21, 2018
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0004384-2017
BEFORE: GANTMAN, P.J.E., KUNSELMAN, J., and FORD ELLIOTT, P.J.E.
MEMORANDUM BY GANTMAN, P.J.E.: FILED FEBRUARY 12, 2019
Appellant, Anthony Douglas, appeals from the judgment of sentence
entered in the Philadelphia County Court of Common Pleas, following his bench
trial convictions of strangulation, simple assault, and contempt (related to a
violation of a Protection From Abuse (“PFA”) order).1
The trial court opinion fully and correctly sets forth the relevant facts
and procedural history of this case. Therefore, we have no reason to restate
them. We add only that the court ordered Appellant on March 28, 2018, to
file a concise statement of errors complained of on appeal, per Pa.R.A.P.
1925(b); Appellant timely complied.
Appellant raises the following issue for our review:
WAS NOT THE EVIDENCE INSUFFICIENT TO SUSTAIN THE
____________________________________________
1 18 Pa.C.S.A. §§ 2718, 2701, and 23 Pa.C.S.A. § 6114, respectively.
J-S02040-19
VERDICT OF GUILT FOR THE OFFENSE OF STRANGULATION,
18 PA.C.S. § 2718 (A), IN VIOLATION OF APPELLANT’S
STATE AND FEDERAL CONSTITUTIONAL RIGHTS, INASMUCH
AS THE COMMONWEALTH FAILED TO PROVE BEYOND A
REASONABLE DOUBT THAT THE COMPLAINANT’S
BREATHING OR CIRCULATION OF BLOOD WAS IMPEDED?
(Appellant’s Brief at 3).
A challenge to the sufficiency of the evidence implicates the following
legal principles:
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. Jones, 874 A.2d 108, 120-21 (Pa.Super. 2005) (quoting
Commonwealth v. Bullick, 830 A.2d 998, 1000 (Pa.Super. 2003)).
After a thorough review of the record, the briefs of the parties, the
applicable law, and the well-reasoned opinion of the Honorable Charles A.
Ehrlich, we conclude Appellant’s issue merits no relief. The trial court opinion
-2-
J-S02040-19
comprehensively discusses and properly disposes of the question presented.
(See Trial Court Opinion, filed July 11, 2018, at 2-5) (finding: evidence was
sufficient to convict Appellant of strangulation, where complainant testified at
trial credibly that Appellant twice applied pressure to complainant’s throat or
neck which impeded her breathing or circulation). Accordingly, we affirm
based on the trial court’s opinion.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/12/19
-3-