Com. v. Cosby, J. ( 2022 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JACQUELINE COSBY :
:
Appellant : No. 2057 EDA 2021
Appeal from the Judgment of Sentence Entered September 7, 2021
In the Court of Common Pleas of Bucks County Criminal Division at
No(s): CP-09-CR-0003102-2019
BEFORE: NICHOLS, J., MURRAY, J., and SULLIVAN, J.
MEMORANDUM BY NICHOLS, J.: FILED SEPTEMBER 21, 2022
Appellant Jacqueline Cosby appeals from the judgment of sentence
imposed following her summary convictions for disorderly conduct and
harassment.1 Appellant challenges the trial court’s competency determination
and the sufficiency of the evidence supporting her conviction for disorderly
conduct. We affirm.
Briefly, Appellant was charged with harassment and disorderly conduct
based on allegations that she threatened Charles Palmer and members of his
____________________________________________
1 18 Pa.C.S. §§ 5503(a)(4) and 2709(a)(4), respectively.
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family throughout 2019.2 The trial court summarized the procedural history
of this matter as follows:3
Trial was initially scheduled for December 9, 2019. Over the
course of the next 11 months[,] multiple continuances were
granted so that Appellant could undergo a mental health
evaluation and counsel could receive a mental health report to
provide to the court. On November 18, 2020, defense counsel,
Bradley Bastedo, Esq., filed and provided this court with a
Psychological Evaluation of Appellant by Allan M. Tepper, J.D.,
Psy.D. In said evaluation, dated November 10, 2020, Dr. Tepper
opine[d] that Appellant can be diagnosed with an Unspecified
Bipolar and Related Disorder and an Unspecified Depressive
Disorder. Dr. Tepper also opine[d] that:
[Appellant] has a rudimentary understanding of the
functioning of the courtroom personnel. She is aware of the
criminal charges that have been lodged against her. She is
aware of the trial process. She is capable of distinguishing
between the roles of the judge, jury, defense attorney, and
prosecuting attorney. Presently, however, [Appellant’s]
emotional state is interfering with her ability to cooperate
with an attorney in reviewing her case and preparing a
rational defense.
See D-1, Allan M. Tepper, J.D., Psy.D.’s Psychological Evaluation
Follow-up Meeting with Jacqueline Cosby, [at] 2.
Accordingly, on November 18, 2020, this court granted Appellant
another continuance to March 3, 2021.
____________________________________________
2 Appellant was originally charged with harassment, disorderly conduct, and
stalking, all of which were graded as misdemeanor offenses. However, prior
to trial, the Commonwealth nolle prossed the stalking charge and amended
the grading of the harassment and disorderly conduct charges to summary
offenses.
3We note that in its Pa.R.A.P. 1925(a) opinion, the trial court also discussed
Appellant’s conviction for summary disorderly conduct at a separate docket
number which involved a different victim. However, Appellant did not file a
notice of appeal from that conviction. Therefore, that separate matter is not
before us, and we will not address it in this memorandum.
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On March 3, 2021, this court advised Appellant in open court that
this case would now be fixed for trial on May 5, 2021. On May 5,
2021, Appellant failed to appear for trial. Defense counsel
represented that Appellant was not competent to stand trial and
thus this court continued the case. This court set a new trial date
of June 21, 2021, and advised counsel that the court would issue
an order directing Appellant to report to Lenape Crisis Center at
the Lower Bucks County Hospital by 12:00 p.m. on May 7, 2021
to undergo a mental health evaluation.[4,5] On May 6, 2021, this
court issued said order memorializing the direction announced in
court on May 5, 2021.[6] On June 10, 2021, this court held a
conference with both prosecution and defense counsel. Per said
____________________________________________
4 At the start of the hearing, defense counsel explained that he received
several text messages from Appellant at five o’clock that morning. Appellant
had stated that she would be unable to appear for court because she was
having financial difficulties and could not afford to fill her car with gas. See
N.T., 5/5/21, at 4. Appellant had also indicated that she was caring for her
juvenile son, whose cancer had recently returned. Id. 4. Defense counsel
stated that he had instructed Appellant to “sit tight,” told her that he would
attempt to conference her into the hearing over the phone, and expressed
that both he and Dr. Tepper were concerned that she “needed help” because
“[t]he stressors and everything [were] building up.” Id. at 5.
After defense counsel called Appellant and placed her on speaker phone, the
trial court explained that rather than issue a bench warrant for Appellant’s
failure to appear at the hearing, the trial court would order her to report for a
mental health evaluation. Id. at 18. Specifically, the court stated: “You will
report for an evaluation. You will comply with whatever treatment
recommendations they offer, and then we’ll be in a position to bring this case
to court and you will have full due process.” Id.
5 The trial court issued a continuance order which stated that Appellant was
“unavailable because [she was] not competent to stand trial today. [Public
Defender] directed to prepare order for [Appellant] to report to Lenape Crisis
Center at Lower Bucks County Hospital May 7, 2021 [at] noon for a [mental
health] evaluation.” See Trial Ct. Order, 5/5/21.
6 The order directed Appellant to report to Lower Bucks Crisis Service of
Lenape Valley Foundation for “a mental health evaluation/assessment” no
later than noon on May 7, 2021. See Trial Ct. Order, 5/6/21.
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conference, this court then continued the case, setting a new trial
date for July 13, 2021.[7]
[On July 13, 2021, Appellant appeared for trial.] Before swearing
witnesses and taking testimony, the court conducted an extensive
colloquy of Appellant to determine whether she was competent to
stand trial. . . . [Ultimately, the trial court concluded that
Appellant understood the charges against her and was able to
participate and assist in her defense. The trial] court was then
satisfied that Appellant was competent to stand trial pursuant to
50 P.S. § 7402.
[At trial,] the Commonwealth presented four witnesses. Charles
Palmer, an officer with the Bristol Borough Police Department,
testified that back in 2018 and 2019 he lived at 435 Cedar Street,
Bristol, Pennsylvania. Mr. Palmer testified that Appellant lived
next door. Mr. Palmer testified to an incident on March 21, 2019,
in which Appellant told Mr. Palmer that if he was not in uniform,
she would “eff me up.” Mr. Palmer testified that on April 16, 2018,
Appellant threatened to kill his dog. Mr. Palmer testified that on
August 26, 2018, that Appellant was honking her car horn
repeatedly and screaming that Mr. Palmer’s relationship with his
daughter was inappropriate. Mr. Palmer testified to a sign
Appellant posted on her front door on January 17, 2019. The sign
was admitted as C-1 and the sign contains the following hand-
written message: “You are a Black People OBSESSEd Evil PYHSCO
Clown WASTE Your Time.” Mr. Palmer testified that on January
21, 2019, Appellant called Mr. Palmer a “white N-word.” Mr.
Palmer also testified that on January 24, 2019, Appellant said that
“if she had her gun she would have shot me on the spot.”
[The Commonwealth also presented video footage from Mr.
Palmer’s Ring Doorbell camera and audio recordings of messages
____________________________________________
7 The transcript of this proceeding was not included in the certified record
transmitted to this Court. However, the record reflects that Appellant
complied with the order to undergo a mental health evaluation prior to the
rescheduled trial date. See N.T. Trial, 7/13/21, at 15. Further, there is no
indication in the record that the trial court received the completed evaluation.
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that Appellant left for the Bristol Police Department. That exhibit
was marked as C-2.8]
Officer Elifa Soto of the Bristol Borough Police Department testified
about a phone call he had with Appellant on February 23, 2019,
in which Appellant made complaints about Officer Palmer. Officer
Soto testified that Appellant’s complaints about Officer Palmer
were that he was screaming through the walls and following her
through the walls. Officer Soto testified that he told Appellant that
Officer Palmer works the night shift at the police department and
so he is most likely asleep currently. Officer Soto then testified
that this explanation caused Appellant to become irate; and she
began screaming and using obscenities. Specifically, Officer Soto
recalled that Appellant had said that Mr. Palmer “[c]an go f*ck
himself. He’s the white devil.”
Sergeant Peter Faight of the Bristol Borough Police Department,
the affiant [in the instant case] testified to his efforts to get the
mobile crisis unit of the Lenape Valley Foundation of the Lower
Bucks County Hospital to treat Appellant. Sergeant Faight
testified that, although the mobile crisis unit did go to Appellant’s
home twice, they were unable to resolve her issues and ultimately
charges were filed.
Emily Palmer, the daughter of Charles Palmer, testified that for a
number of years she lived with her father at the Bristol Borough
____________________________________________
8 The footage shows the Palmer residence, which is attached to multiple other
row homes and located in close proximity to several nearby homes and
buildings. In several of the video clips, Appellant is shown making comments
and remarks at the Palmer residence at all hours of the day and night. In two
videos, Appellant screams out her open door into the street. In those
recordings, Appellant calls Mr. Palmer “a f**king p**sy” and then remarks
“here comes another “f**king p**sy” when another neighbor exits his home
and enters his vehicle. In another video, Appellant yells across the street to
another neighbor, motions to Mr. Palmer’s residence, and says that she wished
she lived on the neighbor’s block “instead of these demons.”
In the audio recordings, Appellant leaves voice messages for the Bristol Police
Department in which she accuses Mr. Palmer of being racist and claims that
she “cussed him out” because he has been harassing and stalking her. In one
message, Appellant loudly screams that “something better be done about this
motherf****r,” states that she “has seven brothers” and indicates that she
may “retaliate” against Mr. Palmer.
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address. Ms. Palmer testified that on September 9, 2019, she was
sitting inside her home with the windows open when Appellant
started yelling racial slurs through the window. Ms. Palmer
testified that Appellant specifically yelled at her that her and Mr.
Palmer “were the white devil. She was going to make our lives a
living hell.”
* * *
Appellant testified that she moved into the Cedar Avenue Bristol
Borough address in 2016. Appellant admitted on direct that she
would go outside and scream, but that these outbursts were in
response to what Appellant perceived to be Mr. Palmer taunting
her. Specifically, Appellant testified that when she would walk
about her apartment, she could hear Mr. Palmer and/or his
daughter mirroring her movements on the other side of the wall,
which is what Appellant says she meant by “following through the
walls.’’ Appellant denied ever threatening to kill Mr. Palmer’s dog.
Regarding the incident on September 9, 2019, Appellant testified
that someone was tapping on the kitchen wall from 7:00 a.m. to
6:00 p.m. and that is why she eventually went outside and yelled.
Trial Ct. Op., 11/18/21, at 2-5, 6 (citations omitted, some formatting altered).
At the conclusion of the trial on July 13, 2021, the trial court found
Appellant guilty of harassment and disorderly conduct. That same day, the
trial court sentenced Appellant to a term of ninety days’ probation, consecutive
to her ninety-day probation sentence in the unrelated summary case
mentioned previously. Appellant filed a timely notice of appeal and a court-
ordered Pa.R.A.P. 1925(b) statement. The trial court issued a Rule 1925(a)
opinion addressing Appellant’s claims.
On appeal, Appellant raises the following issues:
1. Did the trial court err in finding Appellant competent to stand
trial?
2. Did the Commonwealth present sufficient evidence to prove the
crime of disorderly conduct beyond a reasonable doubt?
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Appellant’s Brief at 8.
Competency Finding
In her first claim, Appellant argues that the trial court erred in
concluding that she was competent to stand trial on July 13, 2021. Id. at 11.
By way of background to this claim, we reiterate that the trial court
previously found that Appellant was incompetent to stand trial in November
of 2020. In reaching that conclusion, the trial court relied on Dr. Tepper’s
opinion that Appellant’s emotional state was interfering with her ability to
cooperate with her attorney “in reviewing her case and preparing a rational
defense.” See Trial Ct. Op. at 2. After Appellant failed to appear for trial on
May 5, 2021, the trial court granted defense counsel’s request for a
continuance, ordered Appellant to complete a mental health evaluation, and
ultimately set a new date for trial.
On July 13, 2021, Appellant appeared with counsel for the rescheduled
trial date. At that time, neither Appellant nor Appellant’s counsel raised any
concerns about Appellant’s competency. See N.T. Trial, 7/13/21, at 9-10, 15.
Instead, Appellant confirmed that she had completed a mental health
consultation and treatment, and both Appellant and defense counsel agreed
that Appellant was competent to proceed with trial at that time. Id. at 15-
17.
After hearing from Appellant and Appellant’s counsel, the trial court
explained:
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Before swearing witnesses and taking testimony, the court
conducted an extensive colloquy of Appellant to determine
whether she was competent to stand trial. First, the court
explained to Appellant that the court needed to ask her questions
to determine if she was competent to stand trial.[9] The court then
explained to Appellant that she was facing three cases which
would be heard back-to-back-to-back and that the
Commonwealth was considering dismissing certain charges and
downgrading certain charges to summary offenses. Appellant
stated that she understood all of this. The court then explained
each charge, the grading of those offenses, and the potential
maximum sentences Appellant could receive if convicted, along
with the difference between misdemeanor charges and summary
offense charges. The court also questioned Appellant on her
knowledge of [her appointed counsel,] Mr. Bastedo, to which
Appellant was able to state that she knew Mr. Bastedo was an
attorney with the Public Defender’s Office and was representing
her in these eases. The court then explained how the trials would
proceed with the Commonwealth presenting their witnesses first,
and then Appellant having an opportunity to present her
____________________________________________
9 At the start of the hearing, the following exchange in part occurred:
THE COURT: I know that you went for an evaluation at my
direction, by court order, to Lenape Valley’s facility which is, I
believe, at Lower Bucks Hospital.
[Appellant]: Yeah.
THE COURT: In any event, one of the issues that’s come up in the
case is that there was a somewhat dated report that indicated that
there were some questions about whether you were competent
under the law to proceed in this proceeding. And I want to ask
you, yourself, you’re now under oath, do you believe that you are
competent to participate in this proceeding?
[Appellant]: I am very competent to proceed in this—
THE COURT: In this proceeding?
[Appellant]: In this proceeding.
N.T. Trial, 7/13/21, at 15.
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testimony, to which Appellant stated that she understood. Having
explained the nature of the proceedings to take place, the manner
in which the trial would proceed, the role of Appellant’s attorney,
and Appellant’s right to present her side of the story and having
received consistent answers from Appellant that she understood
everything this court explained, the court was then satisfied that
Appellant was competent to stand trial pursuant to 50 P.S. § 7402.
Trial Ct. Op. at 3-4 (citations omitted, some formatting altered).
On appeal, Appellant emphasizes that the trial court explicitly stated
that she “was not competent at a hearing on May 5, 2021, approximately 60
days prior to trial.” Appellant’s Brief at 12. Appellant contends that “[y]et,
not much more than 60 days later, the court found Appellant to be competent
after an on-the-record exchange with her, but without any expert guidance or
testimony.” Id. Appellant notes that while she complied with the court’s
order for a mental health evaluation, the result of that evaluation is not
included in the record. Id. Further, Appellant claims that “[t]here is no
subsequent expert finding that Appellant had regained competency as of July
13, 2021” and that her “rambling exchange with the trial court is insufficient
to establish that she had an understanding of the nature or object of the
proceedings against her.” Id. at 15. Appellant also contends that, even if the
court’s competency finding was correct, the court erred by failing to make any
“finding as to her ability to participate in her defense.” Id. Therefore,
Appellant concludes that the trial court erred in finding that she was
competent to stand trial.
In reviewing Appellant’s claim, we are guided by the following principles:
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A defendant is presumed competent and it is [her] burden to show
otherwise, the determination of which is within the sound
discretion of the trial court. When a competency hearing takes
place, incompetency may be established by a preponderance of
the evidence. 50 P.S. § 7402(d). The sensitive nature of
competency determinations requires the appellate courts to afford
great deference to the conclusions of the trial court, which has
had the opportunity to observe the defendant personally. When
the record supports the trial court’s determination, we will not
disturb it.
Commonwealth v. Stevenson, 64 A.3d 715, 720 (Pa. Super. 2013) (some
citations omitted).
Our Supreme Court has explained that “where there is reason to doubt
the defendant’s competency, the trial court is required [to] conduct a
competency hearing. Competency to stand trial, however, is measured
according to a defendant’s ability to understand the nature and object of the
criminal proceedings and to participate and assist in his defense.”
Commonwealth v. Uderra, 862 A.2d 74, 88 (Pa. 2004) (citations omitted);
see also 50 P.S. § 7402(a) (stating that a person shall be deemed
incompetent if they are “substantially unable to understand the nature or
object of the proceedings against him or to participate and assist in his
defense”); Commonwealth v. Hughes, 555 A.2d 1264, 1271 (Pa. 1989)
(Hughes I) (explaining that “a mental or physical disorder must interfere with
one’s ability to understand the proceedings or to assist counsel before it is
sufficient to constitute incompetency” (citations omitted)).
Our Supreme Court has also stated that a competency determination is
based on whether a defendant is competent at the time of trial.
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Commonwealth v. Hughes, 865 A.2d 761, 788 n.29 (Pa. 2004) (Hughes
II). Therefore, “[t]he fact that a defendant has experienced mental illness in
the past does not per se render him incompetent to stand trial.”
Commonwealth v. Santiago, 855 A.2d 682, 697 (Pa. 2004); see also
Uderra, 862 A.2d at 88 (concluding that the defendant’s “unexplained
temporary placement on jail suicide watch and an impulsive physical act in
response to his conviction of first-degree murder” did not undermine the
court’s finding that the defendant was competent at the time of trial).
Here, in its Rule 1925(a) opinion, the trial court explained:
This court has been fully aware of the mental health issues that
Appellant struggles with throughout this case and specifically
since the November 18, 2020, evaluation from Dr. Tepper.
However, the fact that Appellant struggles with mental health
issues does not in and of itself render her incompetent to proceed
with trial. Thus, when this court questioned Appellant on July 13,
2021, this court was focused on determining if Appellant
understood the nature and the object of the proceedings against
her and whether or not she felt that she could participate in her
defense.
* * *
As the record establishes, the court observed Appellant’s behavior
throughout the proceeding and observed her confer with counsel
on numerous occasions throughout. As such, the court was
satisfied that Appellant was competent to participate and did in
fact competently participate in her defense.
Trial Ct. Op. at 9, 16 (some formatting altered).
Based on our review of the record, we discern no abuse of discretion by
the trial court. See Stevenson, 64 A.3d at 720. As noted previously, the
record reflects that neither Appellant nor Appellant’s counsel raised any issues
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regarding Appellant’s competency during the rescheduled trial date on July
13, 2021. See id. (stating that “[a] defendant is presumed competent and it
is [her] burden to show otherwise” (citations omitted)). In any event, the trial
court conducted an extensive on-the-record colloquy during which it confirmed
that Appellant was able understand the proceedings and cooperate with
counsel in preparing her defense. See Hughes II, 865 A.2d at 788 n.29
(reiterating that “[a] competency determination involves an assessment of a
defendant’s ability, at the time of trial, to consult with counsel, participate in
his defense, and understand the nature of the proceedings” (citations
omitted)). Ultimately, after carefully observing Appellant and considering her
responses to the colloquy, the trial court concluded that Appellant was
competent to proceed with trial. Given that there was no evidence
establishing that Appellant was suffering from a mental disorder that
interfered with her ability to understand the proceedings or assist counsel at
the time of trial, see Hughes I, 555 A.2d at 1271, we find no error in the trial
court’s conclusion. See Santiago, 855 A.2d at 697 (stating that prior mental
illness does not “per se render [a person] incompetent to stand trial”).
Therefore, on this record, we find no basis to conclude that the trial
court abused its discretion. See Stevenson, 64 A.3d at 720; see also
Hughes II, 865 A.2d at 788 n.29; Uderra, 862 A.2d at 88. Accordingly,
Appellant is not entitled to relief.
Sufficiency Claim
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Appellant also argues that the evidence was insufficient to establish the
mens rea element for her disorderly conduct conviction. In support, Appellant
claims:
[T]he evidence established that a mentally ill woman would say
very offensive and inappropriate things to her neighbor,
sometimes while she was in her own home. She was also found
to have posted an offensive sign on her own door and left ranting
messages on the answering machine of the local police
department. While her behavior was clearly offensive and
upsetting to Mr. Palmer and his family, there is no evidence that
Appellant acted with the requisite intent necessary to sustain a
conviction for disorderly conduct. Simply put, her conduct did not
create a risk of injuries resulting from public disorder, nor did she
intend to create such a risk. Furthermore, there is insufficient
evidence that Appellant recklessly created a risk of a hazardous
or physically offensive condition.
Appellant’s Brief at 20.
The Commonwealth responds that
[T]here is simply no question that the Commonwealth presented
sufficient evidence that Appellant intended or recklessly created
public hazardous or physically offensives conditions. Surely,
Appellant’s repeated public threats to assault and shoot Mr.
Palmer created the possibility of injuries resulting from her public
disorders. Moreover, conduct such as repeatedly blaring a car
horn in one’s neighborhood while shouting profanities and making
abhorrent, false accusations and hanging hateful, disparaging
signs on one’s front door for all passers-by to see constitutes a
direct assault on the physical senses of members of the public. . .
. Appellant unequivocally engaged in an ongoing public course of
disorderly conduct so severe that she essentially forced her
neighbor to move out of the borough that he had lived in all of his
life.
Commonwealth’s Brief at 15-16.
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In reviewing a challenge to the sufficiency of the evidence, our standard
of review is as follows:
Because a determination of evidentiary sufficiency presents a
question of law, our standard of review is de novo and our scope
of review is plenary. In reviewing the sufficiency of the evidence,
we must determine whether the evidence admitted at trial and all
reasonable inferences drawn therefrom, viewed in the light most
favorable to the Commonwealth as verdict winner, were sufficient
to prove every element of the offense beyond a reasonable doubt.
[T]he facts and circumstances established by the Commonwealth
need not preclude every possibility of innocence. It is within the
province of the fact-finder to determine the weight to be accorded
to each witness’s testimony and to believe all, part, or none of the
evidence. The Commonwealth may sustain its burden of proving
every element of the crime by means of wholly circumstantial
evidence. Moreover, as an appellate court, we may not re-weigh
the evidence and substitute our judgment for that of the fact-
finder.
Commonwealth v. R. Palmer, 192 A.3d 85, 89 (Pa. Super. 2018) (citation
omitted).
Section 5503(a)(4) of the Crimes Code provides as follows:
(a) Offense defined.—A person is guilty of disorderly conduct if,
with intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, he:
(4) creates a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor.
18 Pa.C.S. § 5503(a)(4).
This Court has stated that the specific intent element of disorderly
conduct “may be met by a showing of a reckless disregard of the risk of public
inconvenience, annoyance, or alarm, even if the [defendant’s] intent was to
send a message to a certain individual, rather than to cause public
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inconvenience, annoyance, or alarm.” Commonwealth v. Troy, 832 A.2d
1089, 1094 (Pa. Super. 2003) (citation and quotation marks omitted).
Further, this Could has explained:
Our Supreme Court has cautioned that “the offense of disorderly
conduct is not intended as a catchall for every act which annoys
or disturbs people” and “it is not to be used as a dragnet for all
the irritations which breed in the ferment of a community.”
Commonwealth v. Hock, 728 A.2d 943, 947 (Pa. 1999) (citation
omitted). Rather, the offense of disorderly conduct has the
“specific purpose . . . to preserve the public peace.” Id. (citation
omitted). “The cardinal feature of the crime of disorderly conduct
is public unruliness which can or does lead to tumult and disorder.”
Hock, 728 A.2d at 946 (citation omitted).
In Commonwealth v. Williams, 574 A.2d 1161 (Pa. Super.
1990), this Court observed that, “[a]lthough a precise definition
of ‘physically offensive condition’ is elusive, this term
encompasses direct assaults on the physical senses of members
of the public.” Id. at 1164; see also Commonwealth v. N.M.C.,
172 A.3d 1146, 1150 (Pa. Super. 2017). We explained that a
defendant can create a physically offensive condition if she
invades the physical privacy of another in an extreme manner or
“if she sets off a ‘stink bomb’, strews rotting garbage in public
places, or shines blinding lights in the eyes of others.” Williams,
574 A.2d at 1164. Conduct that is merely morally offensive but
does not affect the physical senses of another does not rise to the
level of disorderly conduct. N.M.C., 172 A.3d at 1151-52;
Williams, 574 A.2d at 1165.
Commonwealth v. McConnell, 244 A.3d 44, 49 (Pa. Super. 2020) (some
citations omitted).
Here, the trial court addressed Appellant’s claim as follows:
While the record arguably established that Appellant’s conduct
was done with the intent to inconvenience, annoy or alarm Charles
Palmer and Emily Palmer, such is not necessary to support
Appellant’s conviction. Rather, all that is required is that Appellant
engaged in the statutorily prohibited conduct with the mens rea
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of “recklessly creating a risk” of public inconvenience, annoyance
or alarm.
Appellant’s conduct of threatening to shoot Mr. Palmer,
threatening to kill his dog, posting a sign accusing him of being
racist and calling him evil and a psycho, the use of racial slurs
against Mr. Palmer and his daughter and threatening to make their
lives a living hell, are clearly offensive, alarming, inconvenient,
and annoying or, at a minimum, clearly create such a risk.
Furthermore, Mr. Palmer testified that he has since moved out of
the Bristol Borough address “because the situation was beyond
my handling. I just couldn’t take the constant barrage[.]”
The fact that Mr. Palmer felt the need to move to a new residence
further supports this court’s finding that not only were Mr. Palmer
and Emily Palmer, alarmed, annoyed, and inconvenienced by
Appellant’s conduct, but also that Appellant acted recklessly in
creating the risk of alarm, annoyance, and inconvenience.
Therefore, the evidence admitted at trial sufficiently established
that Appellant committed the summary offense of disorderly
conduct, 18 Pa.C.S. § 5503(a)(4). Accordingly, this court submits
that Appellant’s allegation of error is without merit and should be
dismissed.
Trial Ct. Op. at 19-20.
Based on our review of the record, although we agree with the trial court
that there was sufficient evidence to support Appellant’s conviction for
disorderly conduct, we reach that conclusion on a slightly different basis.10
See R. Palmer, 192 A.3d at 89. Mr. Palmer testified that his residence was
one of eight units on a block of attached row homes. See N.T. Trial, 7/13/21,
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10 In reaching this conclusion, we focus on the public aspects of Appellant’s
actions, rather than the effect that Appellant’s conduct had on Mr. Palmer and
his family. However, we note that it “is well settled that where the result is
correct, an appellate court may affirm a lower court’s decision on any ground
without regard to the ground relied upon by the lower court itself.”
Commonwealth v. Lehman, 275 A.3d 513, 520 n.5 (Pa. Super. 2022)
(citations omitted).
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at 52. At trial, Mr. Palmer and his daughter described multiple instances where
Appellant screamed profanities and loudly made offensive remarks while she
stood on the public sidewalk outside of the Palmer residence. Although
Appellant may have intended to send a message to Mr. Palmer specifically,
the record reflects that by initiating these interactions in public, Appellant
acted with a reckless disregard for the risk of public inconvenience,
annoyance, or alarm. See Troy, 832 A.2d at 1094; cf. Commonwealth v.
Mauz, 122 A.3d 1039, 1042 (Pa. Super. 2015) (concluding that the evidence
was insufficient to prove that the defendant acted with the intent to cause
public annoyance, inconvenience or alarm, as “both the speaker and recipient
of the offensive remarks were present in respective private yards”).
The record also reflects that Appellant’s conduct created a physically
offensive condition on more than one occasion. In one instance, Mr. Palmer
testified that he was sleeping in his bed when he was awakened by Appellant,
who was screaming profanities, accusing Appellant of having an inappropriate
relationship with his daughter, and repeatedly honking her car horn while
outside the Palmer residence. See N.T. Trial, 7/13/21, at 41. There is also
video footage that depicts Appellant loudly screaming obscenities into the
neighborhood and ultimately directing her insults at another neighbor who
was entering his vehicle. See id. at 45, Ex. C-2. As noted previously, the
Palmer residence is located in a populated residential area in which members
of the public are routinely present. Under these circumstances, we conclude
that Appellant’s loud outbursts were an assault “on the physical senses of
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members of the public.” See Williams, 574 A.2d at 1164 (stating that a
“physically offensive condition” includes “assaults on the physical senses of
members of the public”); cf. Commonwealth v. Forrey, 108 A.3d 895, 898-
99 (Pa. Super. 2015) (reversing the defendant’s disorderly conduct conviction
where the Commonwealth did not show that the noise created by the
defendant in a rural area and “out of hearing of any residential community or
neighborhood” was “inconsistent with the standards of a recognized
neighborhood or community”). Therefore, the trial court correctly concluded
that there was sufficient evidence supporting Appellant’s conviction for
disorderly conduct. See R. Palmer, 192 A.3d at 89. For these reasons, we
affirm.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/21/2022
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