Com. v. Battle, S.

CourtSuperior Court of Pennsylvania
DecidedOctober 16, 2019
Docket1953 MDA 2018
StatusUnpublished

This text of Com. v. Battle, S. (Com. v. Battle, S.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Battle, S., (Pa. Ct. App. 2019).

Opinion

J-S43004-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : SHAGNA LEE BATTLE : : Appellant : No. 1953 MDA 2018

Appeal from the Judgment of Sentence Entered July 24, 2018 In the Court of Common Pleas of Dauphin County Criminal Division at No(s): CP-22-CR-0001946-2017

BEFORE: GANTMAN, P.J.E., DUBOW, J., and STEVENS*, P.J.E.

MEMORANDUM BY GANTMAN, P.J.E.: FILED: OCTOBER 16, 2019

Appellant, Shagna Lee Battle, appeals the judgment of sentence entered

in Dauphin County Court of Common Pleas, following his jury trial convictions

for conspiracy to promote and promoting prostitution.1 We affirm.

The trial court opinion set forth the relevant facts and procedural history

of this case. Therefore, we have no reason to restate them.

Appellant raises the following issues on appeal:

DID NOT THE TRIAL COURT ABUSE ITS DISCRETION BY FAILING TO GRANT [APPELLANT] A NEW TRIAL ON THE BASIS THAT THE GUILTY VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE WHEN THE TOTALITY OF THE EVIDENCE WAS UNRELIABLE, CONTRADICTORY, AND INCREDIBLE?

WAS THE IMPOSITION OF AN AGGREGATE SENTENCE OF 2½ YEARS TO 5 YEARS, TO BE FOLLOWED BY 5 YEARS OF ____________________________________________

1 18 Pa.C.S.A. §§ 903, 5902(b)(1), (b)(3), respectively. ____________________________________ * Former Justice specially assigned to the Superior Court. J-S43004-19

CONSECUTIVE PROBATION, CLEARLY UNREASONABLE, SO MANIFESTLY EXCESSIVE AS TO CONSTITUTE AN ABUSE OF DISCRETION, AND INCONSISTENT WITH THE PROTECTION OF THE PUBLIC, THE GRAVITY OF THE OFFENSES, AND [APPELLANT]’S REHABILITATIVE NEEDS?

(Appellant’s Brief at 7).

After a thorough review of the record, the briefs of the parties, the

applicable law, and the well-reasoned opinion of the Honorable Richard A.

Lewis, P.J., we conclude Appellant’s issues merit no relief. The trial court

opinion comprehensively discusses and properly disposes of the questions

presented. (See Trial Court Opinion, filed January 3, 2019, at 7-12) (finding:

(1) evidence at trial established beyond reasonable doubt that Appellant and

his partner controlled or supervised prostitution business operating out of their

apartment; jury properly inferred that Appellant was in control of and/or

supervised massage business with “happy ending”; testimony established that

Appellant encouraged, induced, or otherwise caused another to become or

remain in prostitution; additional testimony indicated that Appellant

approached women on street, offered them opportunity to make money, took

them back to his apartment and explained “business” to them; Appellant and

his partner decided prices, rules, supervised who and when customers could

enter premises, and shared in proceeds of “business”; it does not shock court’s

sense of justice that jury found Appellant guilty of promoting prostitution and

related conspiracy; (2) for sentencing, court reviewed PSI report, trial

testimony, Appellant’s prior record score, as well as his history of assaultive

-2- J-S43004-19

behavior toward women; sentence was not excessive, in light of underlying

criminal offenses; sentence was reasonable, in light of Appellant’s prior record

score and his history of assaultive behavior). Accordingly, we affirm based on

the trial court opinion.

Judgment of sentence affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 10/16/2019

-3- Circulated 09/24/2019 10:23 AM ORIGINAL

COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS

: DAUPHIN COUNTY, PENNSYLVANIA v. : No. 1.946 CR2017 (1953 MDA 2018) SHAGNA LEE BATILE, : CRIMINAL MATIER Appellant/Defendant

l\1EMORANDUM OPINION

Presently before this Court is the Appeal filed in the above-captioned matter. This opinion

is written pursuant to Pa.R.A.P. 1925(b).

PROCEDURAL'BACKGROUND

Following a jury trial that concluded on May 24,, 2018, Appellant was found guilty of one

count of Conspiracy (Count I) - promoting prostitution, 1 two counts of Promoting Prostitution

(Counts 2 and 3) - owning a house of prostitution or a prostitution business,2 and two counts of

Promoting Prostitution (Counts 4 and 5) - encouraging another to become or remain a prostitute.'

Thereafter, on July 24, 2018, the Defendant was sentenced at Count 1 to a term of state

imprisonment of not less than 15 months nor more than 30 months; at Count 2 to a term of state

imprisonment of not less than 15 months nor more than 30 months running consecutively to Count r

1 18 Pa. C.S.A. 903, 2 18 Pa. C.S.A. 5902(b)(l). 3 18 Pa. C.S.A. 5902(b)(3). Appellant was found not guilty at Count 6-PWI.

L/{(-/J� 1 ;4 at·Count 4 to 60 months state supervised probation running consecutively with Count 2; and at \

Count S to 60 months state supervised probation running concurrently with Count 4. Appellant's

aggregate sentence is 30 to 60 months in a state correctional institution, followed by 60 months of

state supervised probation.5

On August 15, 2018, Appellant filed a Post-Sentence Motion, Nunc Pro Tune and on

August 16, 2018, Appellant's post-sentence motion was denied. 6 On November 2, 2018, AppeIIant ' filed a prose PCRA Petition arid on'November 5, 2018, a counseled PCRA Petition was filed

seeking reinstatement of Appellant's direct appellate rights.7 On November 26, 2018, Appellant's

direct appellate rights were reinstated and the Appellant was directed to file a Notice of Appeal

within 30 days. On November 29, 2018 a Notice of Appeal was filed. In compliance with our

1925(b) order, Appellant filed a Statement of Errors Complained of on Appeal raising the

following allegations of error:

1. The Court abused its discretion in finding that the jury's verdict w�s not against the

weight of the evidence. The verdict was against the weight of the evidence so as to

shock one's sense ofjustice.

2. The court's sentence was so manifestly excessive as to constitute an abuse of

discretion. 8

4 For purposes of sentencing, Count 3 (Promoting Prostitution - owning a house of prostitution) merged with Count 2. 5 Appellant wasgiven time credit for 6 months and 2S days. 6 In Appellant's post-sentence motion, he raised a Motion Challenging the Weight of the Evidence, a Motion to Modify Sentence, and a Motion for Permission to File Post-Sentence Motion Nuno Pro Tune. In our August 16, 2018 Order, we permitted Appellant to file a post-sentence motion, treated the August IS, 2018 filing as a post- sentence motion, and denied Appellant's post-sentence motion. See Order filed August 16, 2018. 7 The November 5, 2018 PCRA petition was filed by the Dauphin County Public Defender's Office s Statement of Errors Complained of on ApJ?eal filed December 24, 2018. 2 FACTUAL BACKGROUND

In the instant case, the evidence presented at trial revealed that on or about October 18,

2016, then Detective Donald Heffner ("Agent Heffner'')9 was conducting a prostitution

investigation. Transcript of Proceedings, Jury Trial, May23-24, 2018, page 197 (hereinafter''N.T.

at__"), Agent Heffner was part of the Vice and Organized Crime Unit for the Hanisburg Police

Department and part of his job was investigating human trafficking and prostitution. N.T. at 195-

96. On October 18, 2016, Agent Heffner was attempting to identify individuals involved in

prostitution from a Backpage account.

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