Com. v. Butler, L.

CourtSuperior Court of Pennsylvania
DecidedNovember 12, 2015
Docket885 EDA 2014
StatusUnpublished

This text of Com. v. Butler, L. (Com. v. Butler, L.) 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. Butler, L., (Pa. Ct. App. 2015).

Opinion

J-S63035-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : LLOYD L. BUTLER, : : Appellant : No. 885 EDA 2014

Appeal from the Judgment of Sentence entered on February 7, 2014 in the Court of Common Pleas of Philadelphia County, Criminal Division, No(s): CP-51-CR-0009687-2012; CP-51-CR-0009689-2012

BEFORE: DONOHUE, MUNDY and MUSMANNO, JJ.

MEMORANDUM BY MUSMANNO, J.: FILED NOVEMBER 12, 2015

Lloyd L. Butler1 (“Butler”) appeals from the judgment of sentence

imposed following his convictions of two counts of murder in the first degree

and one count of possession of an instrument of crime (“PIC”). See 18

Pa.C.S.A. §§ 2502(a), 907(a). We affirm.

The trial court set forth the relevant underlying factual and procedural

history in its Opinion, which we adopt for the purpose of this appeal. See

Trial Court Opinion, 5/15/14, at 1-9.2

On appeal, Butler raises the following questions for our review:

1 Lloyd Butler is also known as Christopher Lloyd Butler.

2 Butler was tried with codefendant, Zaiee Talbert (“Talbert”). The trial ended with a hung jury as to Talbert’s charges. However, Talbert was subsequently tried separately and was convicted of two counts each of murder in the first degree and criminal conspiracy. Talbert has appealed his judgment of sentence at 719 EDA 2015. J-S63035-15

1. Whether the verdict was against the sufficiency of the evidence, when [Butler’s] cell phone and cell phone tower records demonstrated that he was not involved in the shooting[?]

2. Whether the verdict was against the weight of the evidence, when [Butler’s] cell phone and cell phone tower records demonstrated that he was not involved in the shooting[?]

Brief for Appellant at 4.

In his first claim, Butler argues the evidence was insufficient to

support his convictions because there was no physical evidence tying him to

the homicides. Id. at 11. He contends that his cell phone and cell phone

tower records establish that he was on the phone with his girlfriend from the

time prior to shooting, during the relevant time of the shooting, and after

the shooting. Id. Butler argues he could not possibly have been shooting

guns while talking on his cell phone at the same time, without the other

person on the line hearing gunshots. Id. He asserts that his girlfriend

testified she did not hear any gunshots while on the phone with Butler. Id.

Butler claims that the cell phone records show that the phone conversation

lasted for twenty-two minutes and thirty-seven seconds. Id.

Here, the trial court set forth the relevant law and determined that the

claim is without merit. See Trial Court Opinion, 5/15/14, at 12-13.3 The

3 Butler does not specifically challenge his conviction of possessing an instrument of crime. However, after a review of the record, we conclude that the evidence is sufficient to sustain this conviction. See Trial Court Opinion, 5/15/14, at 2-9, 13; see also 18 Pa.C.S.A. § 907(a) (stating “[a] person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally).

-2- J-S63035-15

jury was free to disbelieve Butler and his girlfriend’s testimony that they

were talking on their cell phones at the time of the murders. See

Commonwealth v. Melvin, 103 A.3d 1, 40 (Pa. Super. 2014) (stating that

the fact-finder is free to believe all, part, or none of the testimony

presented). Thus, for this claim we adopt the sound reasoning of the trial

court for the purpose of this appeal, and conclude that its findings are

supported by competent evidence, and its legal conclusions are sound. See

Trial Court Opinion, 5/15/14, at 12-13; see also Melvin, 103 A.3d at 40.

In his second claim, Butler argues this case should shock the

conscience of the court because the verdict is contrary to the weight of the

evidence. Brief for Appellant at 12. Butler contends he was found guilty for

a crime which he has always claimed he did not commit. Id. Butler

reiterates, in his second claim, that there is no physical evidence connecting

him to the homicides. Id. He claims that eyewitness Lydia Morales

(“Morales”) stated to the police, and later recanted at trial, that she saw

Butler standing over the victim, Jonathan Stokely (“Stokely”), and shooting

him with a machine gun, and then saw Butler fleeing the scene in a purple

van immediately afterwards. Id. Butler asserts Morales is mistaken

because Butler’s cell phone and cell phone tower records demonstrate that

he remained in the area for two hours after the incident, and then went in a

northeast direction. Id. Butler contests that, in contrast, the assailants in

the purple van left the scene immediately after the shooting, and cell phone

-3- J-S63035-15

and cell phone tower records indicated that the van went in a southwest

direction. Id.

We apply the following standard of review for challenges to the weight

of the evidence:

A claim alleging the verdict was against the weight of the evidence is addressed to the discretion of the trial court. Accordingly, an appellate court reviews the exercise of the trial court’s discretion; it does not answer for itself whether the verdict was against the weight of the evidence. It is well[-] settled that the fact-finder is free to believe all, part, or none of the evidence and to determine the credibility of the witnesses, and a new trial based on a weight of the evidence claim is only warranted where the fact-finder’s verdict is so contrary to the evidence that it shocks one's sense of justice. In determining whether this standard has been met, appellate review is limited to whether the trial judge’s discretion was properly exercised, and relief will only be granted where the facts and inferences of record disclose a palpable abuse of discretion.

Commonwealth v. Karns, 50 A.3d 158, 165 (Pa. Super. 2012) (citation

and brackets omitted).

Here, the trial court set forth the relevant law, and determined that

Butler’s claim is without merit. See Trial Court Opinion, 5/15/14, at 13-15.

We adopt the sound reasoning of the trial court for the purpose of this

appeal, and conclude that the trial court did not abuse its discretion in

denying Butler’s weight of the evidence claim. See id.; see also Karns, 50

A.3d at 165.

Judgment of sentence affirmed.

-4- J-S63035-15

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 11/12/2015

-5- ( Circulated 10/23/2015 12:37 PM

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CRIMINAL TRIAL DIVISION

COMMONWEALTH OF PENNSYLVANIA CP-51-CR-0009687-2012 CP-51-CR-0009689-2012

v. 885 EDA 2014 FILED CP-51-CR-0009687-2012 Comm. v. Buller, Lloyd L. Opinion LLOYD BUTLER MAY 15: 2014 Crim\na\ App~a\~ Unit firstJudicia\Otstnctof PA . : IIIIII I Ill 111111111111111 7150681891 OPINION McDermott, J. May 15, 2014

Procedural History

On May 4, 2012, the defendant, Lloyd Butler, was arrested and charged with two counts

of First-Degree Murder, as well as Conspiracy, Possession of an Instrument of Crime ("PIC"),

and Reckless Endangerment of Another Person ("REAP").1 On January 24, 2014, the defendant,

along with codefendant Zaiee Talbert, appeared before this Court and elected to be tried by a

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