Commonwealth v. DeJesus

880 A.2d 608, 584 Pa. 29, 2005 Pa. LEXIS 1787
Supreme Court of Pennsylvania·Decided August 17, 2005·No. 246 CAP·Published·Cited by 48 cases

Opinions

OPINION

Justice CASTILLE.

This matter is an automatic direct appeal from a sentence of death imposed by the Court of Common Pleas of Philadelphia County. Without discussing the merits of the claims raised by appellant, this Court remanded the case to the trial court for issuance of an opinion in accordance with Pa.R.A.P.1925, retaining jurisdiction and specifying that the trial court was to address two apparently-preserved claims of trial court error that had not been discussed in the trial court’s original opinion. See Commonwealth v. DeJesus, 581 Pa. 632, 868 A.2d 379 (2005).1 The trial court has since issued an opinion addressing those claims, and we now pass upon the merits of the appeal. We affirm.

As a preliminary matter, as we noted at the outset of our original opinion, in addition to the two claims of trial court error which the trial court has discussed on remand, appellant raises a total of six claims sounding in the ineffective assistance of trial counsel, and a seventh procedural claim which requests a remand for an evidentiary hearing on the general question of ineffectiveness. See DeJesus, 581 Pa. at 635 n. 6, 868 A.2d at 381 n. 6. Prior to our opinion and order remanding the matter for a supplemental trial court opinion, appellant filed with this Court a Motion to Remand for Evidentiary Hearing on his ineffectiveness claims. In a per curiam order, dated June 10, 2003, we specifically denied that motion without [34] prejudice to appellant to file those claims under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. § 9541 et seq., citing Commonwealth v. Grant, 572 Pa. 48, 813 A.2d 726, 738 (2002) . We likewise reject appellant’s renewed request that we review his ineffectiveness claims on this direct appeal or, in the alternative, remand for an evidentiary hearing on those claims. In Grant, this Court held that claims challenging the effective assistance of prior counsel presumptively should be deferred for collateral review under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. § 9541 et seq., and that the rule would apply to the parties in that case and to “those cases currently pending on direct appeal.” Grant, 813 A.2d at 738. We have since held that the Grant rule is applicable in capital cases, Commonwealth v. Freeman, 573 Pa. 532, 827 A.2d 385 (2003) , and most recently, in Commonwealth v. O’Berg, 584 Pa. 11, 24-27, 880 A.2d 597, 605-06, 2005 WL 1958356 (2005), we have reiterated the presumption favoring deferral of such claims under the PCRA. Because appellant’s appeal was pending when Gmnt was decided, we decline to review his ineffectiveness claims on this direct appeal. Furthermore, we reject appellant’s contention that Commonwealth v. Basemore, 560 Pa. 258, 744 A.2d 717 (2000), which came before this Court as an appeal from the denial of a PCRA petition, requires this Court to remand the matter for an evidentiary hearing directed to trial counsel’s ineffectiveness. Unlike the defendant in Basemore, appellant seeks to forward his ineffectiveness claims on direct appeal, a stage which is governed by the Grant rule. An ineffectiveness hearing will be appropriate when, and if, appellant chooses to forward ineffectiveness claims upon collateral review under the PCRA. Accordingly, we dismiss each of appellant’s ineffectiveness claims without prejudice to appellant’s right to pursue these claims via a petition for relief under the PCRA.

As we do in all capital direct appeals, we will first review the evidence to ensure that it is sufficient to support the first-degree murder conviction. Commonwealth v. Zettlemoyer, 500 Pa. 16, 454 A.2d 937, 942 n. 3 (1982), cert. denied, 461 U.S. 970, 103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983). We do so notwithstanding that appellant does not challenge the suffi[35] ciency of the evidence. Freeman, 573 Pa. 560-61, 827 A.2d at 402. When reviewing the sufficiency of the evidence, this Court must determine whether the evidence at trial, and all reasonable inferences drawn therefrom, when viewed in the-light most favorable to the Commonwealth as verdict winner, are sufficient to establish all elements of the offense beyond a reasonable doubt. Commonwealth v. Bridges, 563 Pa. 1, 757 A.2d 859, 864 (2000). A person is guilty of first-degree murder where the Commonwealth proves that (1) a human being was unlawfully killed; (2) the person accused is responsible for the killing; and (3) the accused acted with specific intent to kill. 18 Pa.C.S. § 2502; Commonwealth v. Spotz, 563 Pa. 269, 759 A.2d 1280, 1283 (2000). An intentional killing is a “[kjilling by means of poison, or by lying in wait, or any other kind of willful, deliberate and premeditated killing.” 18 Pa.C.S. § 2502(d). Specific intent to kill can be inferred from the use of a deadly weapon upon a vital part of the victim’s body. Commonwealth v. Fletcher, 561 Pa. 266, 750 A.2d 261, 267 (2000).

The evidence adduced at trial established that appellant and a man known as “Capone” had an on-going dispute in June of 1997. On June 19, 1997, Capone and several acquaintances allegedly opened fire with firearms on appellant’s house, located at 2902 Palethorp Street in Philadelphia. Sometime before 8:00 p.m. on June 20, 1997, appellant noticed a man, who apparently looked very much like Capone and was wearing a bandana on his head, driving a new, blue Toyota Corolla that appellant knew to be owned by Capone in and around appellant’s neighborhood. At around 8:00 p.m., after having observed the Toyota driving in his neighborhood, appellant entered a light-colored station wagon parked in front of his house and exited the car carrying an AK-47 assault rifle. Appellant then went into an abandoned house at 2913 Palethorp and ascended to the roof of the building. About a minute later, the Toyota Corolla rounded the corner of Cambria and Palethorp Streets and began traveling on Palethorp, past the abandoned building. Upon seeing the car, appellant opened fire on the vehicle and its driver, strafing the rifle [36] from side to side and spraying bullets up and down Palethorp Street. Unbeknownst to appellant, Capone was not in the Toyota Corolla, but rather, the car was being driven by Carlos Martinez, to whom Capone had apparently sold the car that very day. Six of appellant’s shots shattered the car’s windows, and one shot struck Martinez in the back. Martinez eventually died from the wound.2

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Commonwealth v. DeJesus, 880 A.2d 608, 584 Pa. 29, 2005 Pa. LEXIS 1787 (Pa. 2005).

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