Commonwealth v. Doyle

418 A.2d 1336, 275 Pa. Super. 373, 1979 Pa. Super. LEXIS 3168
CourtSuperior Court of Pennsylvania
DecidedOctober 19, 1979
Docket1596
StatusPublished
Cited by67 cases

This text of 418 A.2d 1336 (Commonwealth v. Doyle) 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
Commonwealth v. Doyle, 418 A.2d 1336, 275 Pa. Super. 373, 1979 Pa. Super. LEXIS 3168 (Pa. Ct. App. 1979).

Opinions

SPAETH, Judge:

Appellant was convicted by a judge sitting without a jury of statutory rape, involuntary deviate sexual intercourse, and on three counts of corrupting the morals of minors. He was sentenced to prison for terms of liy2 to 23 months on one count of corrupting the morals of a minor and to 6y2 to 13 months on the other two counts of corrupting. The two 6ft to 13 month sentences were concurrent with each other but consecutive to the liy2 to 23 month sentence. Appellant was also sentenced to two five year terms of probation on the statutory rape and involuntary deviate sexual intercourse convictions. The sentences of probation were concurrent with the prison sentences. Appellant’s petition to reconsider his sentences was denied by the trial judge and he appealed to this court. Pending disposition of the appeal, the sentences were stayed.

On appeal appellant argued (1) that the evidence was insufficient to sustain his conviction of involuntary deviate sexual intercourse and (2) that the sentences were manifestly excessive. On March 16,1979, this court entered on order affirming appellant’s convictions but remanding for a reconsideration of the sentences imposed. In the opinion accompanying this order we rejected appellant’s argument that the evidence was insufficient to sustain his conviction of involuntary deviate sexual intercourse, and stated that we were remanding for resentencing because the record then before us contained no statement of reasons for the sentences, as required by Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977).

On April 2, 1979, the Commonwealth petitioned this court to reconsider the order of vacation and remand. In its petition the Commonwealth alleged that at the sentencing hearing, which was on April 21, 1977, the trial judge had stated the reasons for the sentences, but that the transcript [378]*378of that hearing had not been included in the record transmitted to this court on appeal. We stayed the order of vacation and remand, and instead remanded so that the record, if incomplete, might be completed. The lower court thereupon included the missing sentencing transcript, and the record was returned to this court.

On July 18,1979, we granted the Commonwealth’s petition for reconsideration of our order of vacation and remand, and granted appellant and the Commonwealth leave to file new briefs on the sentencing issue within thirty days. Now, with a complete record before us, we shall consider appellant’s claim that his sentences were excessive. However, since our earlier opinion has not been published, we shall first say why we rejected appellant’s argument that the evidence was insufficient to sustain his conviction of involuntary deviate sexual intercourse.

The evidence may be stated as follows: In June 1975, Carolyn, a thirteen year old, went with her friend Sue to the Osborne Apartments in Philadelphia to see appellant concerning a summer job. Appellant gave the girls the job of cleaning and dusting the hallways of the apartment house. He paid them five dollars for their work, and also gave them cigarettes and soda. When Carolyn and Sue returned to the apartment house the next day, appellant offered them ten dollars to engage in a sexual act with him. They refused but on a subsequent visit appellant had the girls remove their clothes and committed oral sex with them. He paid them five dollars for this. He also engaged in sexual intercourse with Carolyn on several different occasions during that same summer, and gave her money, cigarettes, and a bottle of Vodka. On other occasions appellant had Carolyn, Sue, and other girls from the area in his apartment to view some sexually explicit movies. These other girls were Donna, age thirteen, Linda, age fifteen, and Judy, age thirteen. Carolyn, Donna, Linda, and Judy all testified concerning these incidents.

In testing the sufficiency of evidence, we first accept as true all the evidence upon which the finder of fact could [379]*379have reached its verdict, and then, after giving the Commonwealth the benefit of all reasonable inferences arising from that evidence, we ask whether the evidence, and the inferences arising from it, are sufficient in law to prove beyond a reasonable doubt that the defendant is guilty of the crime or crimes of which he has been convicted. Commonwealth v. Williams, 468 Pa. 357, 365, 362 A.2d 244, 248 (1976); Commonwealth v. Carbonetto, 455 Pa. 93, 314 A.2d 304 (1974); Commonwealth v. Burton, 450 Pa. 532, 301 A.2d 599 (1973); Commonwealth v. Jacobs, 247 Pa.Super. 373, 372 A.2d 873 (1977).

Appellant does not dispute the evidence that he engaged with the girls in the acts that have been described above but argues instead that at least with respect to Carolyn the deviate sexual acts were not involuntary. In support of this argument appellant emphasizes the evidence that Carolyn was paid for what she did and that she voluntarily returned to the apartment many times to receive money, cigarettes, and liquor.

While it is true that there was no evidence demonstrating that any of the girls was coerced by appellant, this does not aid appellant’s argument because proof of coercion was not necessary. The Crimes Code provides that “[a] person commits a felony of the first degree when he engages in deviate sexual intercourse with another person . who is less than 16 years of age.” The Crimes Code, Act of Dec. 6,1972, P.L. 1482, No. 334,18 Pa.C.S. § 3123(5) (emphasis added). Since Carolyn was only thirteen years of age, the fact that she may have consented to engaging in sexual acts with appellant does not preclude appellant’s conviction for involuntary deviate sexual intercourse. See Commonwealth v. Hughlett, 249 Pa.Super. 341, 378 A.2d 326 (1977).

a

In Commonwealth v. Wicks, 265 Pa.Super. 305, 401 A.2d 1223 (1979), this court summarized the several responsibilities of a judge when imposing sentence. We said:

[380]*380Under the Pennsylvania system of indeterminate sentencing, “[imposition of a proper sentence is a matter vested in the sound discretion of the trial court, whose determination is to be respected unless it constitutes a manifest abuse of discretion.” Commonwealth v. Valentin, 259 Pa.Super. 496, 499-500, 393 A.2d 935, 937 (1978); see Commonwealth v. Knight, 479 Pa. 209, 212, 387 A.2d 1297, 1299; Commonwealth v. Martin, 466 Pa. 118, 351 A.2d 650 (1976). In imposing sentence the court “must not overlook pertinent facts, disregard the force of the evidence, commit an error of law ... or inflict punishment exceeding that prescribed by statute.” Commonwealth v. Knight, supra, 479 Pa. at 212, 387 A.2d at 1299; see Commonwealth v. Lee, 450 Pa.

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Bluebook (online)
418 A.2d 1336, 275 Pa. Super. 373, 1979 Pa. Super. LEXIS 3168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-doyle-pasuperct-1979.