Com. v. Dean, F. ( 2016 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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.
FREDERICK DEMON DEAN
Appellant No. 1402 WDA 2015
Appeal from the Judgment of Sentence August 17, 2015
In the Court of Common Pleas of Erie County
Criminal Division at No(s): CP-25-CR-0003379-2014
BEFORE: FORD ELLIOTT, P.J.E., LAZARUS, J. AND JENKINS, J.
CONCURRING STATEMENT BY JENKINS, J.: FILED NOVEMBER 17, 2016
I agree with the learned majority’s disposition of this appeal and its
determination that Appellant’s brief was inadequate. I write separately only
to clarify that, even if this Court deemed the scant reference to law on pages
seven and eight of his brief to be sufficient, Appellant’s issue is devoid of
merit.
Appellant challenges the sufficiency of the evidence for his convictions,
particularly as it relates to his identity. When examining a challenge to the
sufficiency of evidence, 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
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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 [trier] 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. Hansley, 24 A.3d 410, 416 (Pa.Super.2011), appeal
denied, 32 A.3d 1275 (Pa.2011) (quoting Commonwealth v. Jones, 874
A.2d 108, 120-21 (Pa.Super.2005)).
Appellant does not contest that the Commonwealth presented
evidence to support each of his convictions, he only contests that the
Commonwealth presented sufficient evidence of his identity because the
authorities did not conduct fingerprint or residue analysis on the gun or on
Appellant and the surveillance footage did not positively show him shooting
the gun.
As the majority notes, the surveillance footage corroborated police
officers’ testimony that Appellant was the perpetrator of the crimes he
committed. Viewing this evidence in the light most favorable to the
Commonwealth, there is sufficient evidence to enable the jury to find,
beyond a reasonable doubt, that Appellant committed the crimes for which
he was convicted.
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Even if we chose to resolve Appellant’s issue on the merits, it would
provide him no relief. Thus, I respectfully concur.
Judge Lazarus joins this Concurring Statement.
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