Com. v. Petrousky, T. ( 2017 )

J-S12011-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
v.
THOMAS JOHN PETROUSKY
Appellant No. 1001 MDA 2016
Appeal from the Judgment of Sentence May 17, 2016
In the Court of Common Pleas of Schuylkill County
Criminal Division at No(s): CP-54-CR-0000689-2015
BEFORE: PANELLA, J., OTT, J., and MUSMANNO, J.
JUDGMENT ORDER BY PANELLA, J. FILED MARCH 09, 2017
In this appeal, Appellant, Thomas John Petrousky, argues that the trial
court erred in admitting five photographs in his murder trial that he
characterizes as unduly “gruesome” and “grisly.” See, e.g., Appellant’s
Brief, at 5 and 7. The probative value of the photographs, he claims, was
outweighed by their possibility of inflaming the minds and passions of the
jurors.
There is a glaring problem with Petrousky’s appeal: the photographs
are not in the certified record. It is an appellant’s responsibility to ensure
that the certified record contains all the items necessary to review his
claims. See, e.g., Commonwealth v. Tucker, 143 A.3d 955, 963 (Pa.
Super. 2016); Commonwealth v. B.D.G., 959 A.2d 362, 372 (Pa. Super.
2008). “When a claim is dependent on materials not provided in the certified
J-S12011-17
record, that claim is considered waived.” Commonwealth v. Petroll, 696
A.2d 817, 836 (Pa. Super. 1997) (citation omitted).
Without the photographs, we cannot conduct a review of Petrousky’s
issue presented on appeal. See Commonwealth v. Powell, 956 A.2d 406,
423 (Pa. 2008) (finding claim that an autopsy photograph was unduly
prejudicial waived “[b]ecause the record does not contain the photograph
appellant refers to, we cannot assess his description and claim”); Petroll,
696 A.2d at 836 (finding claim of improperly admitted photographs waived
where they were not in the certified record). Therefore, we find Petrousky’s
sole claim waived.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/9/2017
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