Com. v. Bernard, T.

CourtSuperior Court of Pennsylvania
DecidedApril 23, 2021
Docket461 MDA 2020
StatusUnpublished

This text of Com. v. Bernard, T. (Com. v. Bernard, T.) 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. Bernard, T., (Pa. Ct. App. 2021).

Opinion

J-A07038-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : TEDDY J. BERNARD : : Appellant : No. 461 MDA 2020

Appeal from the Judgment of Sentence Entered January 2, 2020 In the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0000769-2019

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

MEMORANDUM BY STEVENS, P.J.E.: FILED APRIL 23, 2021

Appellant Teddy J. Bernard appeals from the judgment of sentence

entered in the Court of Common Pleas of Lancaster County on January 2,

2020. After careful review, we affirm.

The trial court set forth the facts and procedural history herein as

follows:

BACKGROUND

On October 15, 2018, Lancaster County Children and Youth Agency forwarded information to the Lancaster City Bureau of Police (“LCBP”) relating to suspected child abuse involving M.J. (“victim”). See Affidavit of Probable Cause. On November 26, 2018, the victim was interviewed by police and disclosed that Appellant had sexual contact with her on numerous occasions when she was 8 or 9 years of age, including penetrating her vagina with his penis and forcing her to perform oral sex on his penis. Id. Appellant was the ex-paramour of the victim's mother. Id. On

____________________________________________

* Former Justice specially assigned to the Superior Court. J-A07038-21

January 17, 2019, police charged Appellant with rape of a child and related sexual offenses. See Police Criminal Complaint. On October 28, 2019, Appellant appeared before the court for a jury trial on one count each of rape of a child, statutory sexual assault, involuntary deviate sexual intercourse with a child, sexual assault, indecent assault of a person less than 13 years of age, unlawful contact with a minor, corruption of minors, and indecent exposure.1 (Notes of Testimony, Volume 1 at 88-91) (“N.T.1”). On October 31, 2019, the jury returned a guilty verdict on all counts and the court ordered a pre-sentence investigation. (Notes of Testimony, Volume 4 at 2-4, 8-9). On January 2, 2020, the court imposed an aggregate sentence of ten years and nine months to thirty-four years[’] incarceration. (Notes of Testimony, Sentencing at 25-27, 30) (“N.T.S.”). The sentences imposed on each count were within the standard range of the sentencing guidelines. Id.; see also Sentencing Guidelines Worksheet. Moreover, the court imposed the mandatory minimum sentence of ten years[’] incarceration for rape of a child as requested by the Commonwealth. (N.T.S. at 4, 22). Appellant filed a post-sentence motion on January 9, 2020, alleging in part that the convictions were against the weight of the evidence. See Motion of the Defendant for a New Trial and Arrest of Judgment. The motion was denied on February 6, 2020. See Order, 2/6/20. On March 6, 2020, Appellant timely filed an appeal to the Superior Court. See Notice of Appeal. On April 24, 2020, Appellant filed an Amended Statement of Errors Complained of on Appeal (“Statement”), alleging that the trial court abused its discretion: (1) when it ruled that if Appellant presented character witnesses as to the traits of law-abidingness or peacefulness the Commonwealth would be permitted to present testimony of adult women who alleged Appellant had sexually harassed them at their places of employment; and (2) in finding that the guilty verdict for the crimes of rape of a child, statutory sexual assault, involuntary deviate sexual intercourse of a child, sexual assault, indecent assault, unlawful contact with a minor, corruption of a minor and indecent exposure was not against the weight of the evidence. See Statement. __

118 Pa.C.S.A. § 3121(c); 18 Pa.C.S.A. § 3122.1(a)(1); 18 Pa.C.S.A. § 3123(b); 18 Pa.C.S.A. §3124.1; 18 Pa.C.S.A. §

-2- J-A07038-21

3126(a)(7); 18 Pa.C.S.A. § 6318(a)(1); 18 Pa.C.S.A. § 6301(a)(1)(ii); and 18 Pa.C.S.A. § 3127(a); respectively.

Trial Court Opinion, filed 5/22/20, at 1-3.

In his brief, Appellant presents the following questions for this Court’s

review:

1. Whether the trial court abused its discretion when it ruled that if Appellant presented character witnesses as to the traits of law- abidingness or peacefulness, then Appellee would be permitted to present testimony of adult women who alleged Appellant sexually harassed them?

2. Whether the court abused its discretion in finding that the guilty verdicts for the crimes of rape of a child, statutory sexual assault, involuntary deviate sexual intercourse of a child, sexual assault, indecent assault, unlawful contact with a minor, corruption of a minor, and indecent exposure were not against the weight of the evidence?

Appellant’s Brief at 5.

It is well-settled that:

Questions concerning the admissibility of evidence lie within the sound discretion of the trial court, and a reviewing court will not reverse the court's decision on such a question absent a clear abuse of discretion.” Commonwealth v. Bracey, 831 A.2d 678, 681 (Pa. Super. 2003) (internal quotation marks and modifications omitted). “[A] discretionary ruling cannot be overturned simply because a reviewing court disagrees with the trial court's conclusions.” See Commonwealth v. O'Brien, 836 A.2d 966, 968 (Pa. Super. 2003) (internal quotation marks omitted).

Commonwealth v. Hernandez, 862 A.2d 647, 650 (Pa.Super. 2004).

The Pennsylvania Rules of Evidence permit a criminal defendant to

introduce evidence of his or her character or a pertinent character trait, so

long as that evidence is not used to “prove that on a particular occasion the

-3- J-A07038-21

person acted in accordance with the character or trait.” Pa.R.E. 404(a)(1).

Such evidence may be proven by testimony about the person's reputation.

Pa.R.E. 405(a). As this Court further explained:

In a criminal case, the defendant may offer character witnesses to testify as to that defendant's reputation in the community regarding a relevant character trait. See Pa.R.E. 404(a)(1); 405(a). Of course, the Commonwealth may attempt to impeach those witnesses. Commonwealth v. Hoover, 16 A.3d 1148, 1149 (Pa.Super. 2011) (citing Commonwealth v. Morgan, [ ] 739 A.2d 1033, 1035 ([Pa.] 1999)). “For example, when cross- examining character witnesses offered by the accused, the Commonwealth may test the witnesses' knowledge about specific instances of conduct of the accused where those instances are probative of the traits in question.” Hoover, 16 A.3d at 1149- 1150 (citing Pa.R.E. 405(a)). However, the Commonwealth's right to cross-examine character witnesses is not unlimited: the Commonwealth may not cross-examine a character witness about a defendant's uncharged criminal allegations, Morgan, 739 A.2d at 1035-1036, or a defendant's arrests that did not lead to convictions. Commonwealth v. Scott, [ ] 436 A.2d 607, 611- 612 ([Pa.] 1981).

Commonwealth v. Kuder, 62 A.3d 1038, 1057-1058 (Pa.Super. 2013),

appeal denied, 114 A.3d 416 (Pa. 2015); see also Pa.R.E. 405(a)(2) (“In a

criminal case, on cross-examination of a character witness, inquiry into

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