Com. v. Orr, K. ( 2019 )

J-S33004-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KAMERON EDWARD ORR :
:
Appellant : No. 1380 MDA 2017
Appeal from the Judgment of Sentence August 24, 2017
In the Court of Common Pleas of York County Criminal Division at No(s):
CP-67-CR-0007140-2015
BEFORE: LAZARUS, J., OTT, J., and FORD ELLIOTT, P.J.E.
JUDGMENT ORDER BY LAZARUS, J.: FILED JULY 08, 2019
Kameron Edward Orr appeals from the judgment of sentence, entered
in the Court of Common Pleas of York County, following his conviction for first-
degree murder.1 After careful review, we affirm.
On August 28, 2015, Orr fatally wounded his former girlfriend, shooting
her six times in her van on Hartley Street in the City of York. A witness
testified that on that date he saw the victim on two occasions driving her
vehicle with Orr in the passenger seat. Another witness testified that between
12:00 AM and 1:00 AM on the day of the fatal shooting, he heard at least four
gunshots while he was in his home on Hartley Street. The witness then saw
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1 18 Pa.C.S. § 2502(a).
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a male with dark skin wearing a hooded sweatshirt walking away from a van
that was parked on Hartley Street.
An autopsy revealed that the gunshot wounds to the victim’s head had
powder residue and stippling2 around them. These findings suggested that
the barrel of the gun was held about one or two inches from the victim’s head.
A forensic pathologist determined that the shooter was on the victim’s right
side when she was shot. There was no gun powder residue found outside of
the vehicle, indicating that the shooter must have been inside the vehicle.
Orr’s DNA was found on a hat recovered by the police from the floor of the
victim’s vehicle. Orr’s ZTE cell phone was also located inside the vehicle.
Threatening text messages from Orr’s ZTE cell phone had been sent to the
victim in the weeks preceding her death. Following the murder, Orr fled the
county and was apprehended in Harrisburg with the murder weapon in his
possession.
On July 21, 2017, a jury found Orr guilty of first-degree murder. On
August 24, 2017, the Honorable Craig T. Trebilcock sentenced Orr to life
imprisonment without the possibility of parole. Orr filed a timely appeal and
court-ordered Pa.R.A.P. 1925(b) concise statement of errors complained of on
appeal. Orr raises the following issue for our review: “Whether the evidence
presented by the Commonwealth at trial carried the weight required to sustain
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2Stippling is unburnt gunpowder residue that may contain fragments of bullet.
N.T. Jury Trial, 7/18/17, at 187.
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the trial court’s verdict finding [Orr] guilty of murder in the first degree?”
Appellant’s Brief, at 3.
Although Orr timely filed his Rule 1925(b) statement, he has not
preserved his weight of the evidence issue for appellate review. Pursuant to
Pennsylvania Rule of Criminal Procedure 607, weight of the evidence claims
must be raised with the trial judge either orally on the record or in writing
prior to sentencing, or in post-sentence motions for the issues to be preserved
for appeal. See Pa.R.Crim.P. 607; see also Commonwealth v. Widmer,
689 A.2d 211 (Pa. 1997) (appellate review of weight of evidence claim is
limited to review of trial judge’s exercise of discretion). Instantly, Orr failed
to raise the weight issue in the trial court. Therefore, he has waived this claim
on appeal. See Commonwealth v. Robinson, 817 A.2d 1153 (Pa. Super.
2003).
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 07/08/2019
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