Com. v. Stiles, R. ( 2019 )

J-S63021-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
RAFIK STILES :
:
Appellant : No. 497 EDA 2018
Appeal from the PCRA Order January 22, 2018
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0001997-2013,
CP-51-CR-0005681-2013
BEFORE: GANTMAN, P.J.E., MURRAY, J., and STRASSBURGER, J.*
MEMORANDUM BY MURRAY, J.: FILED DECEMBER 10, 2019
Rafik Stiles (Appellant) appeals pro se from the order dismissing his
petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A.
§§ 9541-9546. We affirm.
The PCRA court summarized the pertinent facts and procedural history:
On October 24, 2014, a jury found [Appellant] guilty of two
counts of first-degree murder, and two counts of Violation of the
Uniform Firearms Act (VUFA) § 6106. On April 28, 2015, after a
hearing pursuant to Miller v. Alabama, 567 U.S. 460 (2012),
[Appellant] was sentenced to forty years to life imprisonment for
the first-degree murder of Kyle Featherstone; [40] years to life
imprisonment for the first-degree murder of Barbara Crowder;
and a concurrent sentence of two-and-one half to five years for
each VUFA conviction. [Appellant] was sentenced to an aggregate
sentence of forty years to life.
On July 19, 2016, the Superior Court affirmed this [c]ourt’s
judgment of sentence. [See Commonwealth v. Stiles, 143 A.3d
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-S63021-19
968 (Pa. Super. 2016)]. On December 6, 2016, the Pennsylvania
Supreme Court denied allocatur.
On May 25, 2017, [Appellant] filed a timely pro se PCRA
petition. PCRA counsel was appointed to represent [Appellant].
On October 26, 2017, PCRA counsel filed [a petition to withdraw
as counsel and a no-merit letter pursuant to Commonwealth v.
Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v.
Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc)].
* * *
On December 21, 2017, this [c]ourt . . . sent [Appellant] a
Notice Pursuant to Pennsylvania Rule of Criminal Procedure 907
of Intent to Dismiss. On January 09, 2018, [Appellant] filed
“Petitioner’s Pro Se Motion for Leave to Amend and Objections to
the Notice of Intent to Dismiss.”
. . . On January 22, 2018, this [c]ourt denied [Appellant]’s
motion, formally dismissed the PCRA and permitted PCRA counsel
to withdraw. On February 17, 2018, [Appellant] filed a [pro se]
notice of appeal to the Superior Court. On March 12, 2018, the
Petitioner filed a 1925(b) Statement of Matters Complained of on
Appeal. On May 18, 2018, this [c]ourt filed its Opinion.
On January 24, 2019, the Superior Court issued an Order (1)
directing this [c]ourt to provide [Appellant] with copies of the
notes of testimony and other documents; (2) permitting the
[Appellant] to file a supplemental 1925(b) Statement; and (3)
directing this Court to file a supplemental Opinion. All documents
were sent to [Appellant] on February 5, 2018.
On February 25, 2019, [Appellant] filed a “Final Statement of
Matters Complained of on Appeal Pursuant to Pa.R.Crim.P. Rule
1925(b).” In that 1925 (b) Statement, [Appellant] directs: “that
no claim from his March 12, 2018, 1925(b) Statement will be
litigated and that his amended claims were all contained in his
amended 1925 (b) statement dated 10/29/18.”
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PCRA Court Supplemental Opinion, 4/16/19, at 1-3 (footnotes omitted).1
On appeal, Appellant presents the following issues for review:
I. Trial Counsel was ineffective pursuant to the Strickland
standard for failing to request/file a Motion to Remove From
Criminal Proceedings and request for an expert witness to
evaluate [Appellant] since he was seventeen (17) years of age at
the time of the crime and pursuant to 42 Pa.C.S.A. § 6322. Such
proceedings can be instituted, thus, the failure violated
[Appellant]’s Sixth and [Fourteenth] Amendment Rights.
II. Pursuant to the compulsory process of the Sixth
Amendment, trial counsel rendered ineffective for failing to
request that an expert witness evaluate [Appellant] since he was
a juvenile at the time of the crime and was eligible for such
proceedings pursuant to 42 Pa.C.S.A. § 6322.
III. Pursuant to the Eighth and Fourteenth Amendments,
[Appellant] posits that 18 Pa.C.S.A. § 1102.1 is unconstitutional
on its face as it violates the fundamental principles of Miller v.
Alabama, 567 U.S. 460 (2012). Moreover, the sentence imposed
in light of Section 1102.1 (forty (40) to Life) violates the
prohibition of Miller regarding a mandatory sentencing scheme
since the plain language of Section 1102.1 contains mandatory
language that forces the sentencer [sic] to impose a mandatory
minimum sentence, thus, violating Miller and creating an illegal
sentence.
IV. Direct Appeal Counsel was ineffective for failing to properly
develop, in [Appellant]’s first direct appeal as of right, the claim
challenging the sufficiency of the evidence to sustain the
conviction of First[-]Degree Murder when he failed to include the
specific elements he was challenging in the initial 1925(b)
____________________________________________
1 On February 17, 2018, Appellant filed a single notice of appeal from the
two, separate judgments of sentence, which the trial judge entered at two,
separate docket numbers. In Commonwealth v. Walker, 185 A.3d 969 (Pa.
2018), the Supreme Court of Pennsylvania held that a single notice of appeal
does not suffice for appeals from multiple dockets. The Walker Court,
however, applied its decision only prospectively. Here, Appellant’s appeal
predates Walker by several months. Thus, Walker is inapplicable.
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Statement, thus, allowing the Superior Court to deem the claim
waived and not address the merits.
V. Trial Counsel was ineffective, pursuant to the Strickland
standard, when he failed to request, pursuant to Commonwealth
v. Walker, 92 A.3d 766 (Pa. 2014)[,] an identification expert to
establish whether under the circumstances of the identification of
at least four (4) witnesses, the procedures were duly suggestive.
Appellant’s Brief at 6.
We review the denial of PCRA relief by “examining whether the PCRA
court’s findings of fact are supported by the record, and whether its
conclusions of law are free from legal error.” Commonwealth v. Busanet,
54 A.3d 35, 45 (Pa. 2012). “Our scope of review is limited to the findings of
the PCRA court and the evidence of record, viewed in the light most favorable
to the party who prevailed in the PCRA court proceeding.” Id.
Appellant’s first, second, and fifth issues each allege ineffective
assistance of Trial Counsel. As the PCRA court, the Commonwealth, and the
record indicate, Appellant did not raise these issues in his PCRA petition or his
response to the PCRA court’s Rule 907 notice, and thus, he raises them for
the first time on appeal. See PCRA Court Supplemental Opinion, 4/16/19, at
13-14; Commonwealth’s Brief at 5; PCRA Petition, 5/25/17; [Appellant]’s Pro
Se Motion for Leave to Amend and Objections to the Notice of Intent to
Dismiss, 1/9/18. “It is well-settled that issues not raised in a PCRA petition
cannot be considered on appeal.” Commonwealth v. Ousley, 21 A.3d 1238,
1242 (Pa. 2011) (quotations and citations omitted); see also Pa.R.A.P.
302(a) (“Issues not raised in the lower court are waived and cannot be raised
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for the first time on appeal.”). Accordingly, as Appellant did not raise his first,
second, and fifth issues before the PCRA court, he has waived them on appeal.
For his third issue, Appellant argues that 18 Pa.C.S.A. § 1102.1, the
statute pursuant to which the trial court sentenced Appellant to 40 years to
life imprisonment, is unconstitutional. Appellant asserts that Section 1102.1
is unconstitutional because it sets forth a mandatory sentencing scheme for
juveniles who commit murder in violation of Miller v. Alabama, 567 U.S. 460
(2012). Consequently, Appellant contends that his sentence is illegal.
Section 1102.1 governs the sentencing of individuals under the age of
18 for murder and states, in pertinent part, as follows:
§ 1102.1. Sentence of persons under the age of 18 for
murder, murder of an unborn child and murder of a law
enforcement officer
(a) First degree murder.--A person who has been convicted
after June 24, 2012, of a murder of the first degree, first degree
murder of an unborn child or murder of a law enforcement officer
of the first degree and who was under the age of 18 at the time
of the commission of the offense shall be sentenced as follows:
(1) A person who at the time of the commission of the offense
was 15 years of age or older shall be sentenced to a term of
life imprisonment without parole, or a term of imprisonment,
the minimum of which shall be at least 35 years to life.
18 Pa.C.S.A. § 1102.1(a)(1).
In Miller, the United States Supreme Court held “that mandatory life
without parole for those under the age of 18 at the time of their crimes violates
the Eighth Amendment's prohibition on ‘cruel and unusual punishments.’”
Miller, 567 U.S. at 465. This Court, however, has held that Section 1102.1
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is not unconstitutional under Miller. See Commonwealth v. Lawrence, 99
A.3d 116, 122 (Pa. Super. 2014).
In Lawrence, we explained:
Miller is limited to legislative schemes which “require[ed] that
all children convicted of homicide receive lifetime incarceration
without possibility of parole, regardless of their age and age-
related characteristics and the nature of their crimes[.]” Miller,
supra. Section 1102.1 does not contain such a sentencing
scheme. In fact, Section 1102.1(d) does require the trial court to
consider various age-related factors before the trial court may
impose a sentence of life without parole. See 18 Pa.C.S.A. §
1102.1(d).
We do not read Miller to mean that the Eighth Amendment
categorically prohibits a state from imposing a mandatory
minimum imprisonment sentence upon a juvenile convicted of a
crime as serious as first-degree murder.
* * *
Even under Miller, a state still may impose life without parole
for homicide offenses, preventing a juvenile like Appellant, from
ever obtaining any hope of release from confinement. Based on
these considerations, we conclude that Section 1102.1 does not
offend the Cruel and Unusual Punishment Clause of the Eighth
Amendment.
Id. at 121-22 (footnotes and some citations omitted).
Thus, because this Court has held that Section 1102.1 is not
unconstitutional under Miller, Appellant’s sentence of 40 years to life
imprisonment is not illegal. Accordingly, Appellant’s third issue fails.
Finally, for his fourth issue, Appellant argues that Appellate Counsel was
ineffective for failing to preserve his challenge to the sufficiency of the
evidence for his first-degree murder convictions for review on direct appeal.
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Appellant asserts that there was insufficient evidence to prove that he was the
individual who shot and killed both Featherstone and Crowder.
With respect to ineffective assistance of counsel claims, our Supreme
Court has stated:
It is well-settled that counsel is presumed to have been effective
and that the petitioner bears the burden of proving counsel’s
alleged ineffectiveness. Commonwealth v. Cooper, 941 A.2d
655, 664 (Pa. 2007). To overcome this presumption, a petitioner
must establish that: (1) the underlying substantive claim has
arguable merit; (2) counsel did not have a reasonable basis for
his or her act or omission; and (3) the petitioner suffered
prejudice as a result of counsel’s deficient performance, “that is,
a reasonable probability that but for counsel's act or omission, the
outcome of the proceeding would have been different.” Id. A
PCRA petitioner must address each of these prongs on appeal.
See Commonwealth v. Natividad, 938 A.2d 310, 322 (Pa.
2007) (explaining that “appellants continue to bear the burden of
pleading and proving each of the Pierce elements on appeal to
this Court”). A petitioner’s failure to satisfy any prong of this test
is fatal to the claim. Cooper, 941 A.2d at 664.
Commonwealth v. Wholaver, 177 A.3d 136, 144 (Pa. 2018) (citations
modified).
In reviewing a challenge to the sufficiency of the evidence, we
recognize:
As a general matter, our standard of review of sufficiency
claims requires that we evaluate the record in the light most
favorable to the verdict winner giving the prosecution the benefit
of all reasonable inferences to be drawn from the evidence.
Evidence will be deemed sufficient to support the verdict when it
establishes each material element of the crime charged and the
commission thereof by the accused, beyond a reasonable doubt.
Nevertheless, the Commonwealth need not establish guilt to a
mathematical certainty. Any doubt about the defendant’s guilt is
to be resolved by the fact finder unless the evidence is so weak
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and inconclusive that, as a matter of law, no probability of fact
can be drawn from the combined circumstances.
The Commonwealth may sustain its burden by means of wholly
circumstantial evidence. Accordingly, [t]he fact that the evidence
establishing a defendant’s participation in a crime is circumstantial
does not preclude a conviction where the evidence coupled with
the reasonable inferences drawn therefrom overcomes the
presumption of innocence. Significantly, we may not substitute
our judgment for that of the fact finder; thus, so long as the
evidence adduced, accepted in the light most favorable to the
Commonwealth, demonstrates the respective elements of a
defendant’s crimes beyond a reasonable doubt, the appellant’s
convictions will be upheld.
Commonwealth v. Franklin, 69 A.3d 719, 722-23 (Pa. Super. 2013)
(internal quotations and citations omitted). Importantly, “the jury, which
passes upon the weight and credibility of each witness’s testimony, is free to
believe all, part, or none of the evidence.” Commonwealth v. Ramtahal,
33 A.3d 602, 607 (Pa. 2011).
Section 2502 of the Pennsylvania Crimes Code defines murder of the
first degree as follows: “A criminal homicide constitutes murder of the first
degree when it is committed by an intentional killing.” 18 Pa.C.S.A. § 2502(a).
To obtain a conviction of first-degree murder, the Commonwealth must
demonstrate:
“[A] human being was unlawfully killed, the defendant perpetrated
the killing, and the defendant acted with malice and a specific
intent to kill.” Commonwealth v. Montalvo, M., 986 A.2d 84,
92 (Pa. 2009) (quoting Commonwealth v. Kennedy, 959 A.2d
916, 921 (Pa. 2008)); accord 18 Pa.C.S.[A.] § 2502(a) & (d)
(defining first degree murder as an “intentional killing,” which is
further defined as a “[k]illing by means of poison, or by lying in
wait, or by any other kind of willful, deliberate and premeditated
killing.”). The Commonwealth may prove the specific intent to kill
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necessary for first[-]degree murder wholly through circumstantial
evidence. Commonwealth v. Rega, 933 A.2d 997, 1009-10 (Pa.
2007).
Com. v. Ovalles, 144 A.3d 957, 969 (Pa. Super. 2016) (some citations
omitted or modified).
Rather than challenge the sufficiency of the evidence to support any of
the applicable elements of the offense, Appellant contends that the evidence
was insufficient to prove that he was the individual that shot and killed both
Featherstone and Crowder. Consequently, we do not review the evidence to
determine whether it can support a finding that the Commonwealth proved all
of the elements of first-degree murder, but focus on the specific sufficiency
issue raised by Appellant – whether the evidence was sufficient to establish
that Appellant was the shooter.
Instantly, the Commonwealth presented sufficient evidence to identify
Appellant as the individual who shot Featherstone and Crowder. With respect
to Featherstone, the Commonwealth introduced the statement Appellant’s
sister, Katrina Session (Session), gave to police. In her statement, Session
told police that she directly observed her brother (Appellant) shoot and kill
Featherstone. N.T., 10/17/14, at 74-75. Regarding Crowder, the
Commonwealth introduced the statement Appellant’s girlfriend, Sapphia
Pressley (Pressley), gave to police. Pressley also told police that she directly
observed Appellant kill Crowder. N.T., 10/21/14, at 13-14. Although both
witnesses recanted these statements at trial, the record contains sufficient
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evidence, if believed by the finder of fact, establishes beyond a reasonable
doubt that Appellant was the individual who shot and killed both Featherstone
and Crowder. See Commonwealth v. Brown, 52 A.3d 1139, 1171 (Pa.
2012) (holding that witnesses’ out-of-court statements to police may be
sufficient to sustain a conviction even if the statements were recanted at trial).
Appellant’s challenge to the sufficiency of the evidence supporting his
first-degree murder convictions lacks merit. Thus, Appellate Counsel was not
ineffective for failing to preserve the claim. Commonwealth v. Sneed, 45
A.3d 1096, 1115 (Pa. 2012) (“Counsel will not be deemed ineffective for failing
to raise a meritless claim.”).
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/10/19
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