Commonwealth v. Glass

50 A.3d 720, 2012 Pa. Super. 137, 2012 WL 2700434, 2012 Pa. Super. LEXIS 1566
CourtSuperior Court of Pennsylvania
DecidedJuly 9, 2012
StatusPublished
Cited by173 cases

This text of 50 A.3d 720 (Commonwealth v. Glass) 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. Glass, 50 A.3d 720, 2012 Pa. Super. 137, 2012 WL 2700434, 2012 Pa. Super. LEXIS 1566 (Pa. Ct. App. 2012).

Opinion

OPINION BY

STEVENS, P.J.

Joseph Glass (hereinafter “Appellant”) appeals from the Judgment of Sentence entered in the Court of Common Pleas of [723]*723Bucks County on February 10, 2011, at which time he was sentenced to an aggregate term of ten (10) years to twenty-four (24) years in prison along with restitution in the amount of $198,916.32 following his convictions of Arson1 and Recklessly Endangering Another Person.2 Upon our review of the record, we affirm.

In its Opinion, the trial court aptly summarized the facts and procedural history herein as follows:

On July 26, 2010, [Appellant] was charged with intentionally starting a fire at his home in Upper Southampton Township, Bucks County, thereby placing his thirty-five-year-old wife and their two children, ages five and seven, in danger of death or bodily injury. On January 14, 2011, following a four-day trial by jury, [Appellant] was convicted of Arson
The history of this case began in the summer of 2009. At that time, Mrs. Glass learned that [Appellant] was having an affair with one Julie Luther. When she found out, she asked [Appellant] to leave. [Appellant] moved out of the family home. In August of 2009, Mrs. Glass allowed [Appellant] to move back into the home believing that the couple had reconciled.
On the evening of December 19, 2009, [Appellant], Mrs. Glass and their two young children were at home. After Mrs. Glass and the children went to sleep, [Appellant] left the residence and met Julie Luther at a local bar. Ms. Luther testified, that despite [Appellant’s] statement to his wife regarding reconciliation, she and [Appellant] had continued their affair. At approximately 1:00 a.m. on December 20th, Mrs. Glass woke up and realized her husband was not home. When she called him on his cellular telephone she learned that [Appellant] was with Ms. Luther.
When [Appellant] subsequently returned home from the bar, an argument ensued. Mrs. Glass insisted that [Appellant] was having an affair and demanded that he “get out.” [Appellant] continued to deny that he was with Ms. Luther and continued to deny that he was having an affair. After arguing for some period of time, Mrs. Glass fell asleep. [Appellant] again left the residence. This time he went to Luther’s residence where he remained for several hours. He ultimately returned home and went to sleep at approximately 7:30 a.m.
At approximately 9:00 a.m., Mrs. Glass awoke and again demanded [Appellant] leave the residence. [Appellant] continued to deny the affair. As the two continued to argue, [Appellant] called 911. Police responded to the residence and spoke to both parties. [Appellant] ultimately agreed to leave the property. Despite that agreement, shortly after the police left, [Appellant] returned and entered the home. Mrs. Glass again demanded he leave. After [Appellant] left the home, Mrs. Glass locked the doors to the residence. [Appellant], however, did not leave the property. He retrieved a spare key to the door [724]*724leading into the basement from the garage, unlocked the door and entered the residence. He remained in the garage/basement area for approximately five minutes. He then walked out of the residence, got into his vehicle and left the property.
After [Appellant] left the property, Mrs. Glass remained inside the residence. The two children went outside to play in the snow. While Mrs. Glass was still standing [in] the kitchen speaking on the telephone, her seven-year-old daughter appeared and told her that “the heater’s smoking.” Mrs. Glass’s daughter then led her into the living room to show her what she had seen. There Mrs. Glass observed smoke pouring from the baseboard and through the carpets. Mrs. Glass immediately called 911 and screamed to her daughter to get out of the house. Ms. Glass ultimately fled the residence in a t-shirt and a pair of sweat pants. Mrs. Glass and her children escaped the blaze without injury.
As the house burned, [Appellant] delayed returning to the residence for a significant period of time despite multiple calls from [Appellant’s] siblings advising him that his home was on fire. [Appellant’s] cell phone records established that he made no calls to check on the welfare of his family.
While attempting to extinguish the fire, two firefighters became trapped in the residence and were forced to issue a “mayday” call. Due to the efforts of other firefighters, they were successfully rescued from the burning building. The firefighters were ultimately able to extinguish the fire. The residence, a one story ranch style home, suffered extensive fire damage. The main floor of the home partially collapsed into the basement. Subsequent investigation revealed the fire was incendiary in nature and originated in the basement of the home.
After the fire, [Appellant] was interviewed by police and insurance company investigators. [Appellant] admitted at trial that he lied on multiple occasions during both of the investigations.

Trial Court Opinion, filed 7/22/11, at 1-4.

In his brief, Appellant raises the following three (3) issues for our review:

1. Did the lower court abuse its discretion in refusing to allow the complaining witness, Bobbi Glass, to be cross-examined regarding her use of psychotropic medications with alcohol at the time of the incident and at the [sic] time of her testimony at trial?
2. Did the lower court abuse its discretion in imposing an excessive, harsh, and unreasonable sentence upon the Appellant?
3. Was Appellant’s sentence illegal due to the extent that he received two consecutive terms of imprisonment for the offenses of recklessly endangering another person after having been sentenced for arson endangering persons?

Brief for Appellant at 3.

Appellant first maintains Mrs. Glass should have been cross-examined concerning her alleged mental illness and use of psychotropic medications to establish that her perception of Appellant’s actions on the night of the incident may have been distorted.

Our standard of review regarding evidentiary issues is well-settled:

“The admissibility of evidence is at the discretion of the trial court and only [725]*725a showing of an abuse of that discretion, and resulting prejudice, constitutes reversible error.” Commonwealth v. Sanchez, 36 A.3d 24, 48 (Pa.2011) (citations omitted). “An abuse of discretion is not merely an error of judgment, but is rather the overriding or misapplication of the law, or the exercise of judgment that is manifestly unreasonable, or the result of bias, prejudice, ill-will or partiality, as shown by the evidence of record.” Commonwealth v. Hanford,

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Bluebook (online)
50 A.3d 720, 2012 Pa. Super. 137, 2012 WL 2700434, 2012 Pa. Super. LEXIS 1566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-glass-pasuperct-2012.