J-S21026-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ROLAND BROWN : : Appellant : No. 528 EDA 2020
Appeal from the PCRA Order Entered January 8, 2020 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0013828-2014
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ROLAND BROWN : : Appellant : No. 529 EDA 2020
Appeal from the PCRA Order Entered January 8, 2020 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0013829-2014
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ROLAND BROWN : : Appellant : No. 530 EDA 2020
Appeal from the PCRA Order Entered January 8, 2020 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0013830-2014
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA J-S21026-21
: v. : : : ROLAND BROWN : : Appellant : No. 531 EDA 2020
Appeal from the PCRA Order Entered January 8, 2020 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0013831-2014
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ROLAND BROWN : : Appellant : No. 532 EDA 2020
Appeal from the PCRA Order Entered January 8, 2020 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0013834-2014
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ROLAND BROWN : : Appellant : No. 533 EDA 2020
Appeal from the PCRA Order Entered January 8, 2020 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0013836-2014
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : :
-2- J-S21026-21
ROLAND BROWN : : Appellant : No. 534 EDA 2020
Appeal from the PCRA Order Entered January 8, 2020 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0013837-2014
BEFORE: BOWES, J., OLSON, J., and COLINS, J.*
MEMORANDUM BY OLSON, J.: Filed: October 13, 2021
Appellant, Roland Brown, appeals from an order entered on January 8,
2020, in the Criminal Division of the Court of Common Pleas of Philadelphia
County that dismissed, without a hearing, his petition filed pursuant to the
Post-Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We affirm.
The PCRA court summarized the factual history as follows:
[Over several weeks in August and September 2012, Appellant and his paramour, Mary Jeffries, engaged in a spree of violent robberies in Philadelphia, Pennsylvania. Following a two-day bench trial, the court found Appellant guilty of nine counts of simple assault; seven counts of possessing an instrument of crime; six counts of robbery; five counts each of criminal conspiracy to commit robbery, theft by unlawful taking, and theft by receiving stolen property; three counts each of recklessly endangering another person and terroristic threats; two counts of using an incapacitation device; and, one count each of robbery of a motor vehicle, aggravated assault, and criminal conspiracy to commit simple assault.]
At trial, all of the victims testified that [A]ppellant robbed and, on most occasions, assaulted them[.] Appellant’s victims also testified that he was accompanied and assisted by a woman during [these episodes]. Commonwealth witness, Mary Jeffries, testified that she was the woman that accompanied [A]ppellant on all of these occasions and provided testimony as to both her and ____________________________________________
* Retired Senior Judge assigned to the Superior Court.
-3- J-S21026-21
[A]ppellant’s criminal involvement in the robberies. She further testified that she had entered into an open guilty plea arrangement for the role she played in the robberies.
On April 22, 2016, following his conviction, [A]ppellant was sentenced [to 45-90 years’ incarceration]. On May 12, 2017, [this Court affirmed Appellant’s judgment of sentence]. Appellant then filed a timely [p]etition for [a]llowance of [a]ppeal with the Pennsylvania Supreme Court, which was denied on September 19, 2017. Appellant then filed a petition seeking a writ of certiorari from the United States Supreme Court, which was denied on June 18, 2018.
On March 18, 2019, [A]ppellant filed a timely pro se PCRA petition. On May 14, 2019, [A]ppellant’s court appointed counsel filed an amended petition on his behalf. [The Commonwealth filed a motion to dismiss Appellant’s amended petition on August 20, 2019].
[On September 26, 2019, the PCRA court, after thoroughly reviewing the filings of the parties, the issues raised by Appellant and the law relating to this matter, and after hearing the arguments of counsel, issued a 20-day notice of its intent to dismiss the petition without a hearing pursuant to Pa.R.Crim.P. 907. Thereafter, on January 8, 2020, the PCRA entered its order formally dismissing Appellant’s amended petition].
On February 7, 2020, [A]ppellant filed a timely [n]otice of [a]ppeal, together with [a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b)1].
PCRA Court Opinion, 1/15/21, at 1-2.
Appellant’s brief raises the following questions for our review.
Whether the PCRA court erred by dismissing the PCRA petition when clear and convincing evidence was presented that trial counsel was ineffective for failing to meet with [Appellant] prior to ____________________________________________
1 Because Appellant included a notice of appeal at each PCRA court docket affected by the order dismissing his petition, his notice of appeal is compliant with our Supreme Court’s mandate in Commonwealth v. Walker, 185 A.3d 969 (Pa. 2018).
-4- J-S21026-21
trial and prepare an appropriate defense; failing to request all compulsory discovery information regarding agreements between a witness and the Commonwealth; failing to impeach the credibility of a witness based on crimen falsi conviction; improperly cross-examining the Commonwealth witnesses; and failing to file pretrial motions to dismiss or suppress evidence[?]
Whether the PCRA court erred by dismissing the PCRA petition when clear and convincing evidence was presented to establish a violation of [A]ppellant’s constitutional right to due process based on the prosecution’s willful or inadvertent withholding of exculpatory or impeachment evidence, as well as by a conviction based upon evidence that did not prove his guilt beyond a reasonable doubt[?]
Whether the PCRA court erred by failing to grant an evidentiary hearing[?]
Appellant’s Brief at 8.
We have carefully reviewed the certified record, the submissions of the
parties, and the Rule 1925(a) opinion issued by the PCRA court. Based upon
our review, we conclude that the PCRA court has adequately and accurately
examined the claims raised in this appeal and that Appellant is not entitled to
relief for the reasons expressed in the PCRA court’s opinion.2 Accordingly, we
adopt the PCRA court’s opinion, as amended below, as our own. The parties
are directed to attach a copy of the PCRA court’s opinion to all future filings
pertaining to the disposition of this appeal.
____________________________________________
2 We add only that the PCRA court did not abuse its discretion in denying the
instant petition without convening an evidentiary hearing. See Commonwealth v. Hand, 252 A.3d 1159, 1165 (Pa. Super. 2021) (PCRA court may exercise its discretion and decline to conduct a hearing where collateral claims lack merit and enjoy no record support).
-5- J-S21026-21
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq. Prothonotary
Date: 10/13/21
-6- Circulated Received 2/28/2021 10:35:55 PM Superior 09/17/2021 11:14 Court Eastern AM District
Filed 2/28/2021 10:35:00 PM Superior Court Eastern District 528 EDA 2020
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION -- CRIMINAL SECTION
Commonwealth of Pennsylvania CP-51-CR-0013 828-2014 CP-5 1-CR-00 13 829-2014 CP-5 i-CR-0013830-2014 CP-51-CR-0013 831-2014 CP-5 1-CR-00 13 834-2014 V. CP-5 1-CR-00 13 836-2014 CP=51-CR-0013 83 7-2014
SUPERIOR COURT Nos. Roland Brown 528 EDA 2020 529 EDA 2020 530 EDA 2020 531 EDA 2020 532 EDA 2020 533 EDA 2020 534 EDA 2020
OPINION
Ehrlich, J.
Roland Brown, hereinafter referred to as "appellant," has filed an appeal from this Court's
Order of January 8, 2020 dismissing his petition, which sought relief pursuant to the Post
Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541 et seq.
Factual and Procedural History
Appellant was convicted by this Court following atwo (2) day waiver trial of nine (9)
counts of simple assault; seven (7) counts of possessing instrument of crime; six (6) counts of
robbery; five (5) counts each of criminal conspiracy to commit robbery, theft by unlawful taking
and theft by receiving stolen property; three (3) counts each of recklessly endangering another
person and terroristic threats; two (2) counts of using an incapacitation device; and single counts of robbery of amotor vehicle, aggravated assault, criminal conspiracy to commit simple assault.
These convictions were the result of arobbery spree appellant engaged in, along with his
paramour, Mary Jeffries, over aseveral week period in August and September of 2013 in
Philadelphia.
At trial, all of the victims testified that appellant robbed and on most occasions assaulted
them as well. Appellant's victims also testified that he was accompanied and assisted by a
woman during these string of robberies and assaults. Commonwealth witness, Mary Jeffries,
testified that she was the woman that accompanied appellant on all of these occasions and
provided testimony as to both her and appellant's criminal involvement in the robberies. She
further testified that she had entered into an open guilty plea arrangement for the role she played
in the robberies.
On April 22, 2016, following his conviction, appellant was sentenced by this Court to
forty-five (45) to ninety (90) years of incarceration. On May 12, 2017, our Superior Court
rejected adirect appeal filed by the appellant, thereby affirming his judgement of sentence.'
Appellant then filed atimely Petition for Allowance of Appeal with the Pennsylvania Supreme
Court, which was denied on September 19, 2017. Appellant then filed apetition seeking awrit of
certiorari from the United States Supreme Court which was denied on June 18, 2018.
On March 18, 2019, appellant filed atimely pro se PCRA petition. On May 14, 2019,
appellant's court appointed counsel filed an amended petition on his behalf The Commonwealth
filed aresponse to appellant's final amended petition in the form of aMotion to Dismiss on
August 20, 2019.
'Commonwealth v. Brown, 1348 EDA 2016.
2 This matter was then listed for argument before this Court. On September 26, 2019, this
Court, after thoroughly reviewing the filings of the parties, the issues raised by appellant and the
law relating to this matter, and after hearing the arguments of counsel, issued atwenty (20) day
Notice of Dismissal pursuant to Pa.R.C.P. 907. Thereafter, by Order dated January 8, 2019, this
Court formally dismissed appellant's petition.
On February 7, 2020, appellant filed atimely Notice of Appeal, together with appellant's
1925(b) Statement of Errors Complained of on Appeal.
On appeal, appellant raises eight (8) distinct claims of error which were set forth in his
amended PCRA petition. Appellant's Statement of Errors Complained of on Appeal categorized
these eight (8) claims of error as follows:
1. Appellant was denied his constitutional right to effective assistance of counsel as guaranteed by the Sixth Amendment of the United States Constitution and the analogous provisions of the Pennsylvania Constitution.
2. Appellant's constitutional rights to due process were violated by the prosecutor's failure to disclose Brady material, as well as by aconviction based on evidence that did not prove his guilt beyond areasonable doubt.
Appellant's 1925(b) Statement of Errors.
Discussion
I. Ineffectiveness of Counsel
Standard of Review
The law presumes that counsel was effective, and therefore Petitioner carries the burden
of proving that counsel was ineffective. Commonwealth v. Baker, 614 A.2d 663, 673 (Pa. 1992).
To establish ineffectiveness under the PCRA, aPetitioner must demonstrate (1) that the
underlying claim is of arguable merit; (2) that counsel's course of conduct was without any
3 reasonable basis designed to effectuate his or her client's interest; and (3) that he or she was
prejudiced by counsel's ineffectiveness. Commonwealth v. Kimball, 724 A.2d 326, 333 (Pa.
1999); Commonwealth v. Lauro, 819 A.2d 100, 105-106 (Pa. Super. 2003). Prejudice in the
context of ineffective assistance of counsel claim requires that the defendant prove that there is a
reasonable probability that, but for counsel's alleged errors, the outcome of the trial would have
been different. Commonwealth v. Bond, 819 A.2d 33, 42 (Pa. 2002).
Failure to satisfy any prong of the test for ineffectiveness will require rejection of the
claim. Commonwealth v. Hudson, 820 A.2d 720, 726 (Pa. Super. 2003). Moreover,
ineffectiveness only occurs where the alternative not selected "offered apotential for success
substantially greater than the tactics used." Commonwealth v. Clemmons, 479 A.2d 955, 957
(Pa. 1984). Where it is clear that allegations of ineffectiveness of counsel are baseless or
meritless, then an evidentiary hearing is unnecessary and the unfounded allegations should be
rejected and dismissed. Id. at 361; 479 A.2d at 957.
Appellant's amended PCRA petition set forth six (6) claims of error regarding ineffective
assistance of counsel each of which will be discussed separately below.
(1) Failure'to meet appellant prior to trial and prepare an appropriate defense.
Appellant contends that his trial counsel, Stephen T. O'Hanlon, Esquire, failed to meet
with him or prepare an appropriate defense. However, the record does not support appellant's
assertion. On the day of trial, but prior to trial beginning, this Court engaged in acolloquy with
appellant wherein appellant acknowledged that he had met with both trial counsel and counsel's
investigator. Appellant also acknowledged that his counsel advised him to "plead open." This
4 Court then explained to appellant that his counsel was giving him his best advice about how to
proceed based upon his "professional experience" N.T. 11/23/15, pp. 4-7, 9-10, 12.
Thereafter, this Court engaged in the following discussion with appellant and his trial
counsel:
COURT: And Iknow that you've discussed your case with [trial counsel] anumber of times; is that correct? APPELLANT: Ican't say Idid.
COURT: You've never discussed your case with [trial counsel]? APPELLANT: No.
COURT: Mr. O'Hanlon [trial counsel]? TRIAL COUNSEL: Your Honor, Ispoke to [appellant] at 15th and Arch prior to his preliminary hearing. Ialso spoke to him in person at the CJC [Criminal Justice Center]. As he said, Isent an investigator to go and see him. Itried to arrange avideo conference hearing with [appellant]. He refused to come to the camera at the other end. I've also had extensive written communication with [appelIant]. Ibelieve I've sent him 12 letters and I've received various letters that he sent to me and also court filings that he's filed.
COURT: And have you reviewed all of the necessary police paperwork and evidence in this case to be presented? TRIAL COUNSEL: Yes, Your Honor.
COURT: And are you prepared to proceed? TRIAL COUNSEL: Yes, Your Honor.
COURT: All right. Mr. Brown [appellant]-4 APPELLANT: Your Honor, we didn't go through case by case, no we didn't.
COURT: Well, [appellant], when he tried to set up avideo conference with you, you didn't come on the video conference. That was the purpose of setting it up. That's why we have video conferences, so attorneys can have confidential communications to go over this with you and to prepare for the case. Now ... were going to move forward with this case. Ibelieve [trial counsel] is prepared to proceed.
Id. pp. 26-27.
This Court then conducted acolloquy of the appellant and was satisfied that appellant
was knowingly and intentionally waiving his right to ajury trial. Id. pp. 28-30.
5 Accordingly, appellant's contention that his trial counsel failed to meet with him or
prepare an appropriate defense lacks any merit as counsel did meet with appellant prior to trial.
Further, as the record reflects, appellant himself thwarted any further attempt by counsel to speak
with him regarding his case. Moreover, this Court did confirm with trial counsel that he had
reviewed all necessary paperwork and evidence was prepared and ready to try the case. At trial,
defense counsel displayed athorough knowledge of the case of the evidence and testimony that
was to be presented and zealously represented appellant despite the challenges presented by
numerous witnesses all of whom had previously identified appellant as the man who robbed and
assaulted them. As such, appellant's claim that trial counsel failed to meet with him or prepare a
defense is without merit.
(2) Failure to Request discovery regarding agreements made by Commonwealth witness, Mary Jeffries.
Appellant contends that there was an "unwritten agreement" between the Commonwealth
and appellant's accomplice, Mary Jeffries, for leniency in her sentencing in exchange for her
testimony against appellant. However, appellant failed to produce proof of any such agreement
other than the fact that Ms. Jeffries pled open and was eventually sentenced to 11 / to 23 months, 12
plus eight (8) years' probation, for her role in the robberies. Appellant incorrectly asserts that
trial counsel failed to request said "agreement" when the record does not support the fact that
there was any such agreement.
Moreover, both the counsel for the Commonwealth and defense counsel questioned Ms.
Jeffries at trial regarding her possible motive to testify against appellant, and specifically,
whether or not she was promised leniency in her sentencing.
6 PROSECUTOR: And were any-at any point- have any promises or agreements been made to you as to what your sentence would be? WITNESS: No.
DEFENSE COUNSEL: And you testified that you have no agreement in place for sentencing; is that correct? WITNESS: Correct.
DEFENSE COUNSEL: But you think you'll get, some kind of benefit out of the testimony that you're presentism here today; is that correct? WITNESS: - No.
DEFENSE COUNSEL: So why are you testifying against [appellantl? WITNESS: Because Iwanted to.
DEFENSE COUNSEL: And why do you want to? WITNESS: Because Iwant to get this over with.
Id. pp. 167, 169-171.
Accordingly, appellant's claim that an agreement existed between Ms. Jeffries and
the Commonwealth is based upon pure conjecture and what appellant contends was alenient
sentence. Further, appellant's counsel did in fact attempt to show motive when he
questioned Ms. Jefferies as to the possibility of her expecting leniency in return for her
guilty plea and testimony at trial. As such, appellant's claim of ineffectiveness in this regard
lacks any merit as trial counsel could not request and obtain discovery that did not exist.
(3)' Failure to iml)each the credibility of Ms. Jeffries based upon crimes falsi convictions.
Appellant claims that Commonwealth witness, Mary Jeffries, should have been
impeached with evidence of her previous convictions involving crimen falsi crimes. However,
appellant fails to state what criinen falsi crimes were committed by Ms. Jeffries and whether any
of these would have been the proper subject for impeachment. Moreover, this Court, sitting as
7 the trier of fact, was well aware of the role Ms. Jeffries played in the instant robbery spree of
numerous individuals. As such, this Court was acutely aware that Ms. Jeffries was pleading
guilty to these offenses, some of which were crimen falsi. Therefore, Ms. Jeffries credibility was
already placed before this Court for crimes involving dishonesty.
Appellant has failed to show how Ms. Jeffries' credibility would have been further called
into question by raising other crimen falsi convictions. At best, appellant's presentation of other
crimen falsi convictions would have been merely cumulative. Thus, not only has appellant failed
to_•identify any crimen falsi crimes for which Ms. Jeffries was convicted, but he has also failed to
establish any prejudice that would have resulted had there been other such crimen falsi
convictions which trial counsel failed to bring to this Court's attention. See Commonwealth v.
Treiber, 8121 A.3d 435 (Pa. 2015); Commonwealth v. Brown, 196 A.3d 130 (Pa. 2018).
Therefore, appellant's claim of ineffectiveness in this regard has no merit.
(4) Failure to properly cross-examine Commonwealth witness, Mary Jeffries.
Appellant contends that his counsel was ineffective for failing to impeach
Commonwealth witness, Mary Jeffries on two (2) subjects areas. At trial, Ms. Jeffries
acknowledged that she was currently in custody and had been incarcerated since October 7,
2014. N.T., 11/23/2016, p. 169. However, she testified that she had not been "locked up" prior
to her involvement in this case. Appellant contends that Ms. Jeffries had in fact been incarcerated
prior to this case and could have been impeached on this subject. Although appellant attached to
his petition acriminal docket regarding Ms. Jeffries, this docket fails to indicate whether Ms.
Jeffries was ever incarcerated for any criminal offenses. As such, appellant again fails to set forth
any specific details regarding if and when Ms. Jeffries was incarcerated prior to this case.
8 Appellant also contends that Ms. Jeffries' testimony that she had not communicated with
appellant during his pre-trial incarceration was untrue and his counsel should have impeached
her on this subject. However, appellant again fails to set forth any evidence that Ms. Jeffries had
in fact communicated with appellant during his pre-trial incarceration and that his counsel knew
or should have known this to be true.
In both regards, appellant not only fails to provide the Court with proof of his assertions
of impeachable subjects, but fails in his burden of proving how this information, if true, would
have prejudiced him and resulted in areversal by this Court of his convictions. At trial, Ms.
Jeffries testified credibly regarding the role she played in the robbery spree. Her testimony was
corroborated by the testimony of other Commonwealth witnesses, namely, the victims involved.
As such, even if appellant's counsel were able to impeach Ms. Jeffries on these unrelated points,
appellant fails to show that he suffered ' any prejudice. See Commonwealth v. Bond, 819 A.2d 33,
42 (Pa. 2002).
Therefore, appellant's claim of ineffectiveness in this regard must fail.
(5) Failure to file pre-trial Motions to Dismiss or Suppress evidence.
Appellant contends that appellant was prejudiced by trial counsel's failure to file pre-trial
motions to dismiss and/or suppress evidence. Yet appellant failed to provide this Court with any
proof of what particular motion should have been filed and what particular evidence would have
been suppressed. Appellant merely provided this Court with bald allegations of ineffectiveness in
this regard without providing the Court with any evidence to support his allegations or the
prejudice that resulted. See Pa. R. Crim. P. 902 (A)(12)(a)-(b); Commonwealth v. Bond, 819
A.2d 33, 42 (Pa. 2002).
Therefore, appellant's claim of ineffectiveness in this regard must fail.
9 (6) Failure to preserve at trial or challenge on appeal appellant's sentencing rights.
Appellant contends that appellant was prejudiced by trial counsel's failure to preserve at
trial or challenge on appeal appellant's sentencing rights. Again, appellant fails to provide this
Court with any proof of what particular challenge(s) trial counsel failed to preserve. Appellant
merely provides this Court with bald allegations of ineffectiveness in this regard without
providing this Court with any evidence to support his allegations or the prejudice that resulted.
See Pa. R. Crim. P. 902 (A)(12)(a)-(b); Commonwealth v. Bond, 819 A.2d 33, 42 (Pa. 2002).
Moreover, appellant did raise the issue of the discretionary aspects of his sentence on direct
appeal and this issue was addressed and rejected by our Superior Court.'
Therefore, appellant's claim of ineffectiveness in this regard must fail.
II. Brady Violation
It is well settled law that in order to present ameritorious claim under Brady v. Maryland,
373 U.S. 83 (1963), an appellant must prove: "(1) the evidence at issue was favorable to the
accused, either because it is exculpatory or because it impeaches; (2) the evidence was
suppressed by the prosecution, either willfully or inadvertently; and (3) prejudice ensued."
Commonwealth v. Hutchinson, 611 Pa. 280, 337 (2011) (Citing Commonwealth v. Lambert, 584
Pa. 461, 884 A.2d 848, 854 (Pa. 2005)). In Brady, the United States Supreme Court found that
"the suppression by the prosecution of evidence favorable to an accused upon request violates
Z Commonwealth v. Brown, 1348 EDA 2016.
10 due process where the evidence is material either to guilt or to punishment; irrespective of the
good faith or bad faith of the prosecution." Brady, 373 U.S. at 87.
Evidence is material only if "there is areasonable probability that, had the evidence been
disclosed to the defense, the result of the proceeding would have been different." United States v.
Bagley, 473 U.S. 667, 669 (1985). Additionally, "[a] `reasonable probability' is aprobability
sufficient to undermine confidence in the outcome." Id. Therefore, if the evidence in question is
of anature that, if it were made available to the defense, it would likely not have changed the
outcome, there is no due process violation.
(7) Failure of the Commonwealth to disclose plea arrangement with witness, Mary Jeffries.
As previously stated, appellant claims without any evidence whatsoever, but merely upon
conjecture, that there was an unwritten agreement between Commonwealth witness, Mary
Jeffries, and the Commonwealth for leniency in her sentencing in exchange for her guilty plea
and agreement to testify against the appellant. However, mere conjecture as to an agreement
between the Commonwealth and awitness is not sufficient to establish aBrady violation.
Commonwealth v. Chmiel, 781 A.2d 1136 (Pa. 2001).
Therefore, this Court finds that appellant has failed to establish that there was aBrady
violation committed by the Commonwealth. As such, appellant's argument in this regard has no
merit and no relief is due.
11 Ill. Constitutional Challenge: Sufficiency of the Evidence
The standard of review for insufficiency of evidence is well established. The [reviewing
court] must decide whether the evidence, and all reasonable inferences therefrom, viewed in the
light most favorable to the Commonwealth, as verdict winner, are sufficient to establish all of the
elements of the offense beyond areasonable doubt. Commonwealth v. Rollins, 525 Pa. 335, 339,
580 A.2d 744, 746 (1990). Any doubts as to adefendant's guilt must be resolved by the fact-
finder unless the evidence is so weak and inconclusive that as amatter of law no probability of
fact can be drawn from the circumstances. Commonwealth v. Bruce, 916 A.2d 657, 661 (Pa.
Super. 2007). Determining the credibility of evidence submitted by both parties is within the
exclusive province of the factfinder. Commonwealth v. Gonzalez, 2015 PA Super 13, 109 A.3d
711, 723 (citing Commonwealth v. Forbes, 2005 PA Super 37, 867 A.2d 1268, 1273-74 (Pa.
Super. 2005).
(8) Failure to prove appellant's guilt beyond areasonable doubt.
Appellant contends that his constitutional rights were violated when the Commonwealth
failed to meet their burden of proving the elements of each of the crimes for which he was
convicted. Appellant's contention in this regard seems to center again on the testimony of
Commonwealth witness, Mary Jeffries. Appellant does not contend that the elements of each
offense were not proven but that they were presented by false testimony. However, appellant at
trial and now on appeal, fails to present any evidence to support his bald assertion that Ms.
Jeffries or the other Commonwealth witnesses provided false or inaccurate testimony regarding
appellant's guilt.
12 This Court, sitting as the trier of fact heard all of the testimony, including that of
Commonwealth witness, Mary Jeffries, and found all of the Commonwealth witnesses to be
credible and persuasive. This Court found their testimony, together with all of the evidence
presented to this Court at trial, sufficient to establish all of the elements of the offenses for which
appellant was convicted, beyond any reasonable doubt. See Commonwealth v. Smith, 181 A.3d
1168 (Pa. Super. 2018).
As such, appellant's assertion in this regard has no merit and was properly denied.
CONCLUSION
In summary, this Court has carefully reviewed the entire record and finds no harmful,
prejudicial, or reversible error and nothing to justify the granting of appellant's request for relief
For the reasons set forth above, the judgment of the Trial Court should be affirmed.
Date HONORABLE CHARLES A. EHRLICH