Com. v. Crumpler, J. ( 2020 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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. :
:
:
JAMES CRUMPLER :
:
Appellant : No. 2836 EDA 2019
Appeal from the Judgment of Sentence Entered August 22, 2019
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0004210-2018
BEFORE: BENDER, P.J.E., SHOGAN, J., and MUSMANNO, J.
MEMORANDUM BY BENDER, P.J.E.: FILED DECEMBER 23, 2020
Appellant, James Crumpler, appeals from the judgment of sentence of
an aggregate term of 5 to 10 years’ imprisonment, imposed after he pled
guilty to one charge of aggravated assault.1 Appellant solely challenges the
discretionary aspects of his sentence. We affirm.
The trial court summarized the facts that led to Appellant’s conviction
as follows:
On April 12, 2018, around 12:00 [a.m.], [Appellant] was
outside of a bar located at 1322 West Olney Avenue, owned by
Complainant, Anthony Jacquinto. [Appellant] attempted to punch
… Complainant outside of the bar, but Complainant avoided the
punch. [Appellant] then followed Complainant inside of the bar,
despite attempts to keep [Appellant] from entering. When
Complainant’s back was turned, [Appellant] punched Complainant
in the jaw, causing Complainant to fall and hit his head on a metal
part [of the bar]. Complainant was rendered unconscious after
[Appellant’s] punch to the jaw. Complainant was taken to the
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1 18 Pa.C.S. § 2702(a)(1).
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hospital where he received three staples for the lacerations to his
head, underwent surgery to repair the mandibular fracture to his
jaw, and his jaw had to be wired shut.
Trial Court Opinion (“TCO”), 12/11/19, at 1 (citation to record omitted).
Appellant pled guilty to aggravated assault on March 29, 2019. On
August 22, 2019, the trial court sentenced Appellant to 5 to 10 years’
imprisonment, followed by 5 years’ probation. Appellant filed a timely post-
sentence motion to reconsider, which was denied. He then filed a timely notice
of appeal on October 2, 2019, followed by a timely, court-ordered Pa.R.A.P.
1925(b) concise statement of errors complained of on appeal. 2 Appellant
presents the following sole issue for our review:
Did not the lower court abuse its discretion by imposing a
manifestly excessive and unreasonable sentence of 5[ to ]10 years
followed by 5 years of reporting probation upon … drug[-]addicted
[A]ppellant[,] where the court failed to conduct an individualized
sentencing, did not properly consider the sentencing factors under
42 Pa.C.S. § 9721, failed to consider all of [A]ppellant’s mitigation,
imposed upon … [A]ppellant a higher sentence than what the
District Attorney had requested[,] and ignored whether the
sentence was the least stringent to protect the community or
rehabilitate [A]ppellant?
Appellant’s Brief at 3.
Appellant challenges the discretionary aspects of his sentence. Thus,
we consider his issue mindful of the following:
Sentencing is a matter vested in the sound discretion of the
sentencing judge, and a sentence will not be disturbed on appeal
absent a manifest abuse of discretion. In this context, an abuse
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2Appellant also filed a Supplemental Rule 1925(b) concise statement after the
notes of testimony from the August 22, 2019 plea hearing were made
available.
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of discretion is not shown merely by an error in judgment. Rather,
the appellant must establish, by reference to the record, that the
sentencing court ignored or misapplied the law, exercised its
judgment for reasons of partiality, prejudice, bias or ill will, or
arrived at a manifestly unreasonable decision.
***
When imposing [a] sentence, a court is required to consider the
particular circumstances of the offense and the character of the
defendant. In considering these factors, the court should refer to
the defendant’s prior criminal record, age, personal characteristics
and potential for rehabilitation.
Commonwealth v. Antidormi, 84 A.3d 736, 760-61 (Pa. Super. 2014)
(internal citations and quotation marks omitted).
An appellant is not entitled to the review of challenges to the
discretionary aspects of a sentence as of right. Rather, an
appellant challenging the discretionary aspects of his sentence
must invoke this Court’s jurisdiction. We determine whether the
appellant has invoked our jurisdiction by considering the following
four factors:
(1) Whether [the] appellant has filed a timely notice of
appeal, see Pa.R.A.P. 902 and 903; (2) whether the issue
was properly preserved at sentencing or in a motion to
reconsider and modify sentence, see Pa.R.Crim.P. 720; (3)
whether [the] appellant’s brief has a fatal defect, Pa.R.A.P.
2119(f); and (4) whether there is a substantial question that
the sentence appealed from is not appropriate under the
Sentencing Code, 42 Pa.C.S.[] § 9781(b).
Commonwealth v. Samuel, 102 A.3d 1001, 1006-07 (Pa. Super. 2014)
(some citations omitted).
Instantly, the record clearly reflects that Appellant has met the first
three requirements: he filed a timely notice of appeal, properly preserved his
claim in his post-sentence motion, and included a separate, concise Rule
2119(f) statement in his appellate brief in compliance with the Pennsylvania
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Rules of Appellate Procedure. Thus, we now consider whether Appellant has
raised a substantial question for our review.
“The determination of what constitutes a substantial question must be
evaluated on a case-by-case basis.” Commonwealth v. Griffin, 65 A.3d
932, 935 (Pa. Super. 2013). A substantial question exists “only when the
appellant advances a colorable argument that the sentencing judge’s actions
were either: (1) inconsistent with a specific provision of the Sentencing Code;
or (2) contrary to the fundamental norms which underlie the sentencing
process.” Commonwealth v. Moury, 992 A.2d 162, 170 (Pa. Super. 2010).
Moreover, “this Court does not accept bald assertions of sentencing errors.
An appellant must articulate the reasons the sentencing court’s actions
violated the [S]entencing [C]ode.” Id. (internal citations omitted).
In his Rule 2119(f) statement, Appellant maintains that the trial court
“violated the express provisions of the Sentencing Code, imposed an excessive
sentence, failed to order a [m]ental [h]ealth evaluation, failed to consider
[Appellant’s] rehabilitative needs such as his serious addiction issues, failed
to impose an individualized sentence without particularized reasons, and failed
to properly weigh mitigating evidence at sentencing.” Appellant’s Brief at 7.
Based on the argument presented in his Rule 2119(f) statement and the case
law on which he relies, we conclude that Appellant has presented a substantial
question. See Commonwealth v. Caldwell, 117 A.3d 763, 770 (Pa. Super.
2015) (recognizing that an excessive claim in conjunction with an assertion
that the court failed to consider mitigating factors raises a substantial
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question); Commonwealth v. Riggs, 63 A.3d 780, 786 (Pa. Super. 2012)
(concluding that a claim regarding a trial court’s failure to consider relevant
sentencing criteria, including the protection of the public, the gravity of the
underlying offense, and the rehabilitative needs of the appellant raises a
substantial question).
Accordingly, we will address the merits of Appellants claim, keeping in
mind that,
[t]he sentencing court is given broad discretion in determining
whether a sentence is manifestly excessive because the
sentencing judge is in the “best position to measure facts such as
the nature of the crime, the defendant’s character and the
defendant’s display of remorse, defiance, or indifference.”
Commonwealth v. Andrews, 720 A.2d 764, 768 (Pa. Super.
1998) (quoting Commonwealth v. Ellis, 700 A.2d 948, 958 (Pa.
Super. 1997)). In order to find that a trial court imposed an
“unreasonable” sentence, we must determine that the sentencing
court imposed the sentence irrationally and that the court was
“not guided by sound judgment.” Commonwealth v. Walls, …
926 A.2d 957, 961 ([Pa.] 2007).
Riggs, 63 A.3d at 786.
Appellant argues that his sentence is manifestly excessive and that the
trial court abused its discretion by failing to account for the needs of the
community and his addiction issues. Appellant’s Brief at 13. More specifically,
Appellant claims that his sentence far surpasses that needed to protect the
public, and that it fails to address his rehabilitative needs. Id. at 9. He
explains that he suffered physical and emotional trauma growing up, as a
result of watching both parents become addicted to drugs, that he suffered
physical and mental abuse at the hands of his father, witnessed domestic
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violence towards his mother by his father, experienced neighborhood violence,
and suffered from abject poverty and untreated mental health illnesses. Id.
Appellant asserts that he “easily fell prey to drug addiction as a means of
coping with this emotional trauma and mental illness.” Id. His forensic
intensive recovery (“FIR”) evaluation indicates that he was diagnosed with
post-traumatic stress disorder, bipolar disorder, hallucinogens abuse, alcohol
dependence, major depressant disorder, and opiate dependence. Id.
Appellant states that the sentencing court’s failure to order a mental health
evaluation, despite evidence of his mental health needs, “demonstrates that
[it] did not properly account for his rehabilitative needs or properly structure
an individualized sentence.” Id.
Appellant further avers that the trial court unreasonably focused on the
harm caused not only by his actions in this case, but also in a prior case. Id.
at 13.3 Additionally, he argues that the trial court failed to consider the
relevant factors as set forth in Section 9721(b) of the Sentencing Code,4 and
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3 In 2009, Appellant was sentenced to 11½ to 23 months’ incarceration, after
he pled guilty to aggravated assault. The 2009 incident similarly involved a
dispute at a bar, during which Appellant’s actions left the victim with a
fractured skull and in a coma for multiple months. N.T. Sentencing, 8/22/19,
at 29-30.
4 The Sentencing Code provides, in part:
(b) General standards.—In selecting from the alternatives set
forth in subsection (a), the court shall follow the general principle
that the sentence imposed should call for total confinement that
is consistent with … the protection of the public, the gravity of the
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that it focused instead almost exclusively on the gravity of the offense and
protection of the public. Id. at 16. Moreover, Appellant avers that the trial
court failed to weigh his rehabilitative needs or the needs of the public at
large, but rather focused on what he said about himself during allocution. Id.
at 18.5
Having carefully reviewed the record of Appellant’s sentencing
proceeding, we ascertain no abuse of discretion by the trial court. As
explained in its opinion,
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offense as it relates to the impact on the life of the victim and on
the community, and the rehabilitative needs of the defendant….
42 Pa.C.S. § 9721(b).
5 Appellant quotes the following statement by the sentencing judge:
[Appellant], I think the thing that came through to me the most
about what you just said[] is that … you apologize to yourself first.
And I think that is who you are, thinking about yourself.
Everything that you just said related to how you were basically
impacted by this. How you are impacted by it. What you did to
help the Jacquinto[s’] mother. How you were such an asset to her
and what you did to help her. You mentioned that you were [“]not
a bad person.[”] You talked about all that you did for them and
for the bar. You were concerned about your daughters calling
someone else dad.
What I heard, and what you just said, is all about you. You have
given not a single thought to how you [upended] somebody else’s
life….
Id. (quoting N.T. Sentencing at 55-56).
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[i]n order to determine the standard guideline sentence, the
sentencing court calculates the Offense Gravity Score and the
[d]efendant’s Prior Record Score. The sentencing court then
considers any aggravating or mitigating factors. 204 Pa. Code §§
303.2(a)(1)(2), (a)(1)(3)….
Where the sentence falls outside the Sentencing Guidelines, the
sentence should be affirmed on appeal unless it is “unreasonable.”
42 Pa.C.S.[] § 978(c)(3); see Commonwealth v. P.L.S., 894
A.2d 120, 130 (Pa. Super. [] 2006). “The sentencing court may
deviate from the guidelines, if necessary, to fashion a sentence
which takes into account the protection of the public, the
rehabilitative needs of the defendant, and the gravity of the
particular offenses as it relates to the impact on the life of the
victim and the community.” Commonwealth v. Cunningham,
805 A.2d 566, 575 (Pa. Super. [] 2002). The factual basis for the
departure must be stated on the record. Id.TCO at 2-3.
Instantly,
the trial court imposed a sentence of 5 to 10 years[’
imprisonment] for the F1 aggravated assault charge. The
Commonwealth and [Appellant] agreed that the Offense Gravity
Score was an 11 for the F1 aggravated assault charge[,] and that
[Appellant’s] Prior Record Score was a 5[. T]herefore[,] the
guidelines recommend 72 to 90 months of incarceration, plus or
minus 12 months.
Id. at 4.
Initially, we note that Appellant’s sentence is within the mitigated range
of the Sentencing Guidelines.6 We further stress that the trial court had the
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6 The Sentencing Guidelines recommend ranges of minimum sentences based
on the type of offense, the defendant’s prior criminal history, and a variety of
aggravating and mitigating factors. See Commonwealth v. Yuhasz, 923
A.2d 1111, 1118 (Pa. 2007). Additionally, if the court determines that
aggravating or mitigating circumstances are present, the Guidelines further
recommend a specified amount of time greater than the upper limit of the
standard range or less than the lower limit of the standard range that may be
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benefit of a pre-sentence investigation (“PSI”) report, as well as an FIR
evaluation, and that it reviewed both prior to sentencing. See N.T. Sentencing
at 3. When a court considers the PSI report for sentencing purposes, it is
presumed to have properly considered all relevant aggravating and mitigating
factors. Commonwealth v. Zeigler, 112 A.3d 656, 662 (Pa. Super. 2015).
Moreover, the trial court indicated that it took into account a report submitted
by the Defender Association, as well as letters provided by the
Commonwealth. See N.T. Sentencing at 63 (referencing letters written by
Damin Knox, the victim in the 2009 incident, which detailed his attack and
rehabilitation). The court also listened to defense counsel discuss many of the
mitigating factors Appellant cites, supra. See id. at 13-17 (counsel’s
emphasizing Appellant’s history of drug addiction and mental health issues
resulting from a troubled and abusive childhood, family mental health issues,
and family drug problems).
The sentencing judge further indicated at the sentencing hearing that
he was considering,
the letter that the defense provided to me this morning from Mr.
Rahim Tompson, who was the individual who worked with
[Appellant] with the Chosen [L]eague. I’ve also considered the
gravity of the offense as it relates to the community and the
impact specifically o[n] the life of the victim in this case, Mr.
Jacquinto, as well as the impact o[n] the life of Ms. Jacquinto, who
is the sister of Mr. Jacquinto, who assisted in his care in the
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imposed. See id. Here, Appellant’s minimum sentence of 5 years is
equivalent to the Standard Guideline’s recommended mitigated sentence of
72 months minus 12 months.
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months after his assault and during his recovery, and during his
continued recovery.
I’ve considered the rehabilitative needs of [Appellant], specifically
the needs as it relates to mental health treatment and drug and
alcohol treatment. I’ve considered [Appellant’s] allocution. I’ve
considered the support that he enjoys from his community. His
former paramour, Ms. Lee, is here today and spoke on his behalf.
[She s]poke of who [Appellant] is and how he has assisted her in
caring for her children and helping to promote her education by
caring for her children and how he has assisted in the raising of
his children with her. Finally, I’ve considered the history and
characteristics of [Appellant].
Id. at 62-64. Accordingly, the court sentenced Appellant to 5 to 10 years’
incarceration on the charge of aggravated assault, graded as an F1. Id. at
64.7 As explained in its opinion, “[Appellant’s] current conviction, coupled
with his past convictions, showed his disregard for the law and the safety of
other people and gave the trial court concern that he could be a future danger
to the community.” TCO at 5. In light of the above considerations, we agree
with the trial court that the sentence imposed was warranted. See id. “The
sentence is neither inconsistent with a specific provision of the [S]entencing
[C]ode, nor is it contrary to the fundamental norms that underlie the
sentencing process.” Id. (citing Commonwealth v. Disalvo, 70 A.3d 900,
903 (Pa. Super. 2013); N.T. Sentencing at 62-64 (placing the relevant
sentencing factors on the record)).
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7 The court further found Appellant in direct violation of his probation in CP-
2119-2015 and CP-2764-2015. As a result, it sentenced Appellant to two
separate, concurrent terms of 5 years’ probation to run consecutive to the
period of incarceration. Id.- 10 -
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Moreover, contrary to Appellant’s assertions that the trial court failed to
account for his rehabilitative needs, the sentencing judge further directed:
I’m going to order that [Appellant] engage in drug and alcohol
treatment while he is in state custody and that he be evaluated
for treatment for the mental health diagnosis that has been given
in the FIR evaluation. That mental health diagnosis includes post-
traumatic stress disorder, bipolar disorder, as well as major
depressive disorder.
I would also order that [Appellant] engage in treatment for alcohol
dependence, as it has been diagnosed in the FIR, as well as opioid
dependence.
[Appellant] is also ordered to engage in anger management
treatment. I know that he received anger management while in
county custody. I believe that he needs continued anger
management during the time that he’s in state custody, as well as
any other treatments that would address some of the issues that
he has in coping with other individuals when he doesn’t like being
told that he can’t go to a certain place or that he can’t do a certain
thing.
He needs to learn how to cope and strategize and deal with people
in a way that’s not going to be forceful or bullying, just because
he wants to do something. That’s not the way life works…. That
only has gotten you just where you are, sitting in the defendant
seat.
N.T. Sentencing at 65-66.
Finally, Appellant argues that the sentence imposed was
disproportionate to his conduct. Id. at 19. He contends that his offense
“should not be equated with every other aggravated assault, as he did not
intend to cause serious bodily injury.” Id. Appellant explains that he only
“threw one punch[,]” and that Complainant’s injuries were the result of his
falling on a metal part of the bar. Id. In support of his argument, Appellant
cites Commonwealth v. Alexander, 383 A.2d 887 (Pa. 1978), in which the
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defendant struck the complainant once in the face, causing the victim to fall
to the ground. The victim never lost consciousness, but was treated for a
broken nose. Id. at 888. Appellant emphasizes the Court’s statement that it
could not conclude “that the mere fact that a punch was delivered to [the
head] is sufficient, without more, to support a finding that [the] appellant
intended to inflict serious bodily injury.” Id. at 889.
Alexander is distinguishable from the instant matter, however, because
the Alexander Court concluded that the victim did not actually sustain the
requisite serious bodily injury to constitute aggravated assault. See id. at
888-89 (citing 18 Pa.C.S. §§ 2702(a), 2301). Moreover, the Court explained
that where the injury actually inflicted did not constitute serious bodily injury,
it looks to whether the blow delivered was accompanied by the intent to inflict
serious bodily injury, in determining whether the evidence supports a finding
of aggravated assault. Id. at 889. Here, Complainant’s injuries clearly
constituted a “serious bodily injury” where he suffered a fractured jaw,
requiring multiple surgeries and the wiring of his jaw shut, leaving him only
able to eat through a straw. See Commonwealth v. Nichols, 692 A.2d 181,
184 (Pa. Super. 1997) (stating that a broken jaw and being confined to a
liquid diet constitutes a serious bodily injury). See also Commonwealth v.
Burton, 2 A.3d 598, 602 (Pa. Super. 2010) (stating that when a victim
actually sustains serious bodily injury, the Commonwealth does not have to
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establish specific intent to cause such harm).8 Accordingly, we deem
Appellant’s argument regarding his lack of intent to cause serious bodily injury
to be meritless.
Based on the record, we are satisfied that the sentencing court
adequately considered all of the mitigating circumstances, as well as the
relevant Section 9721(b) factors, including Appellant’s rehabilitative needs.
We ascertain no abuse of discretion in the ultimate sentence imposed by the
court.
Judgment of sentence affirmed.
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8 Moreover, we note that Appellant relies on Interest of N.A.D., 205 A.3d
1237 (Pa. Super. 2019), in an attempt to further support his argument that
he did not intend to cause serious bodily injury and, therefore, his offense
should not be equated to every other aggravated assault. See Appellant’s
Brief at 19-21. Contrary to Appellant’s assertions, however, we deem the
decision in Interest of N.A.D. to only bolster the sentence imposed on
Appellant in the instant matter. See Interest of N.A.D., 205 A.3d at 1240
(where this Court affirmed the judgment of sentence imposed for aggravated
assault and upheld the trial court’s finding that the appellant’s behavior
preceding the attack and the extreme force of “just one blow” from behind
which broke the victim’s jaw “sufficed to raise an inference that [the appellant]
acted recklessly under circumstances manifesting extreme indifference to the
value of human life”). See also id. (stating that “evidence that the defendant
punched the victim one time is sufficient to support an aggravated assault
conviction or a prima facie case of aggravated assault where the victim
sustains serious bodily injury”) (citing Burton, 2 A.3d at 602-03)).
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/23/2020
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