Com. v. Purifory, K.

Opinion

J-S32023-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : KEVON IMMANUEL PURIFORY : : Appellant : No. 140 MDA 2023

Appeal from the Judgment of Sentence Entered January 9, 2023 In the Court of Common Pleas of Dauphin County Criminal Division at No(s): CP-22-CR-0000321-2021

BEFORE: DUBOW, J., KUNSELMAN, J., and NICHOLS, J.

JUDGMENT ORDER BY KUNSELMAN, J.: FILED: OCTOBER 12, 2023

Kevon Immanuel Purifory appeals from the judgment of sentence

entered after the trial court found him guilty of recklessly endangering another

person and not guilty of attempted murder and aggravated assault. The

parties and the trial court agree that Purifory’s valid self-defense claim

negates the recklessness required to sustain his conviction. After review, we

reverse.

A “defender may not be simultaneously found to have justifiably acted

in self-defense and be criminally liable for crimes involving recklessness or

malice.” Commonwealth v. Fowlin, 710 A.2d 1130, 1132 (Pa. 1998) (citing

Commonwealth v. Hilbert, 382 A.2d 724 (Pa. 1978), and Commonwealth

v. Heatherington, 385 A.2d 338 (Pa. 1978)). This includes crimes of

recklessness against bystanders. Id. at 1134. J-S32023-23

Here, the trial court, as finder of fact, found that Purifory shot the

complainant in self-defense. This precludes a finding that Purifory acted

recklessly, towards both the complainant and other people in the apartment

complex. Id. Accordingly, we reverse.

Judgment of sentence vacated. Conviction reversed. Appellant Kevon

Immanuel Purifory discharged. Jurisdiction relinquished.

Date: 10/12/2023

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