Com. v. Beaver, B. ( 2018 )

J-S32037-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
BRYCE BEAVER :
:
Appellant : No. 1960 MDA 2017
Appeal from the Judgment of Sentence December 11, 2017
in the Court of Common Pleas of Schuylkill County
Criminal Division at No.: CP-54-CR-0000256-2017
BEFORE: PANELLA, J., NICHOLS, J., and PLATT*, J.
JUDGMENT ORDER BY PLATT, J.: FILED SEPTEMBER 12, 2018
Appellant, Bryce Beaver, appeals from the judgment of sentence
imposed following his jury conviction of simple assault, recklessly endangering
another person (REAP), and disorderly conduct. The trial court also found
Appellant guilty of additional counts of disorderly conduct and harassment.
On appeal, Appellant claims that his conviction of simple assault and REAP
should have merged for sentencing purposes. However, Appellant failed to
file a court-ordered Statement of Errors Complained of on Appeal. See
Pa.R.A.P. 1925(b). Therefore, all issues are waived. Accordingly, we affirm.
On December 21, 2017, the trial court ordered Appellant to file a
statement of errors no later than January 11, 2018. Appellant failed to file a
statement by February 12, 2018. (See Order, 2/12/18, at n.1). “Issues not
included in the Statement and/or not raised in accordance with the provisions
____________________________________
* Retired Senior Judge assigned to the Superior Court.
J-S32037-18
of this paragraph (b)(4) are waived.” Pa.R.A.P. 1925(b)(4)(vii); see also
Greater Erie Indus. Development Corp. v. Presque Isle Downs, Inc.,
88 A.3d 222, 225 (Pa. Super. 2014) (en banc) (citing Commonwealth v.
Castillo, 888 A.2d 775, 780 (Pa. 2005) (finding that appellant waived all his
claims on appeal for untimely filing his Rule 1925(b) statement);
Commonwealth v. Lord, 719 A.2d 306, 309 (Pa. 1998) (“[F]rom this date
forward, in order to preserve their claims for appellate review, [a]ppellants
must comply whenever the trial court orders them to file a Statement of
[Errors] Complained of on Appeal pursuant to Rule 1925. Any issues not
raised in a 1925(b) statement will be deemed waived.”)). Therefore, here, all
issues are waived.1
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 09/12/2018
____________________________________________
1Moreover, Appellant’s claim would not merit relief. See 42 Pa.C.S.A. § 9765;
see also Commonwealth v. Calhoun, 52 A.3d 281, 285-86 (Pa. Super.
2012), appeal denied, 67 A.3d 793 (Pa. 2013) (simple assault and REAP do
not merge).
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