Commonwealth v. Lowry

55 A.3d 743, 2012 Pa. Super. 235, 2012 Pa. Super. LEXIS 3472
CourtSuperior Court of Pennsylvania
DecidedOctober 26, 2012
StatusPublished
Cited by15 cases

This text of 55 A.3d 743 (Commonwealth v. Lowry) 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. Lowry, 55 A.3d 743, 2012 Pa. Super. 235, 2012 Pa. Super. LEXIS 3472 (Pa. Ct. App. 2012).

Opinion

OPINION BY

OLSON, J.

Appellant, Christopher Anthony Lowry, appeals from the judgment of sentence entered April 6, 2011, sentencing him to, inter alia, 14 to 36 months’ incarceration, followed by four years’ consecutive probation, for convictions of accidents involving death or personal injury1 and summary offenses of operating a motor vehicle without financial responsibility2 and careless driving.3 For the following reasons, we affirm.

The trial court summarized the factual and procedural background of this matter as follows:

Ernest Stevens testified that he was at a gas station on Route 51 in Jefferson Borough on October 1, 2009 when he observed a white male in a red vehicle pull out of the gas station towards Route 51 and make a left turn across two lanes onto the highway. Appellant stipulated that he was the driver of the red vehicle. Stevens testified that Appellant crossed the path of oncoming traffic and that Stevens was surprised that Appellant did not hit either of the two oncoming cars. Stevens noted that Appellant’s tires spun and smoke came out of the front tires when Appellant accelerated out of the gas station onto the highway. Stevens indicated that the wheels of both oncoming cars “locked up,” and one of them, an SUV, fishtailed, went sideways and spun out of control, striking a car traveling in the opposite direction. Stevens said debris flew everywhere and the collision was very loud.
Joseph Wanielista was the driver of one of the vehicles in the two lanes of traffic crossed by Appellant when executing his left turn. He testified that Appellant pulled out in front of his car and the SUV in the other lane, and did not give him much room to stop. Wanielista immediately hit his brakes and managed to both avoid getting hit and maintain control of his vehicle.
Kevin Poindexter, the driver of the SUV, was not so fortunate. He testified that when Appellant pulled out of the gas station in front of him, Poindexter slowed down and turned his wheel to the left to avoid going over a curb and into the gas station. This action caused his wheels to lock and his car to slide across two lanes and strike a car traveling in the opposite direction of Route 51.
Dr. Todd Luckasevic testified that the individual struck by Poindexter’s SUV, [746]*746Bradley Child, died as a result of the injuries he sustained in the motor vehicle accident.

Trial Court Opinion, 10/5/2011, at 3-4.

From January 21-24, 2011, Appellant underwent a jury trial, at the conclusion of which he was found guilty of accidents involving death or personal injury. The trial court, sitting as a magistrate, subsequently found Appellant guilty of the summary offenses of operating a motor vehicle without financial responsibility and careless driving. The trial court sentenced Appellant on April 6, 2011.

This timely appeal followed.

Appellant raises three issues for appeal: Whether the evidence was sufficient to convict [Appellant] on the charge of [accidents [i]nvolving [d]eath or [p]ersonal [i]njury, 75 Pa.C.S.A. § 3742(a)?
Whether the [t]rial [c]ourt abused its discretion in denying [Appellant’s] Motion for a [v]iew by [the j]ury?
Whether the [t]rial [c]ourt abused its discretion in admitting three color photographs of [the victim] in the hospital, specifically Commonwealth Exhibits 17, 18, and 19?

Appellant’s Brief at 5.4

Appellant’s first issue on appeal challenges the sufficiency of the evidence for his conviction of accidents involving death or personal injury, 75 Pa.C.S.A. § 3742, on two bases. Appellant’s first contention is that the Commonwealth failed to establish that Appellant was “involved” in an accident. Appellant’s Brief at 23-31. Next, Appellant claims that the Commonwealth failed to sufficiently establish that Appellant “knew or should have known” that he was involved in an accident. Id. at 32-44. We begin by considering Appellant’s challenge to the determination that he was “involved” in the accident.

Pursuant to Section 3742:

[t]he driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.

75 Pa.C.S.A. § 3742(a) (emphasis added).5

In this matter, Appellant concedes that he did not stop, did not render aid, and did not return to the scene of the accident on October 1, 2009. Appellant’s Brief at 25. Appellant, however, points out that his car did not strike anything within the accident — the physical portions of the accident occurred between two other cars, which were affected by Appellant’s presence, but not physically struck in any way by Appellant’s vehicle. Id. Appellant argues that because the Commonwealth did not present any evidence that he “physically impacted” anything in the accident, he was not “involved” in the accident, as defined by Section 3742. Id. at 23-31. Consequently, Appellant asks us to vacate his judgment of sentence for his conviction under Section 3742. Id.

The Pennsylvania Motor Vehicle Code does not define what it means to be “involved” in an accident, and the issue presented by Appellant is one of first impression within Pennsylvania. Specifically, Appellant’s claim asks us to determine [747]*747whether the crime set forth at Section 3742 requires a defendant to physically impact a vehicle, other object, or person for an individual to be “involved” in an accident. Therefore, we are compelled to resolve an imbedded issue of statutory interpretation.

Issues of statutory interpretation present pure questions of law. As such, our standard of review is de novo and our scope of review is plenary. Commonwealth v. Leidig, 598 Pa. 211, 956 A.2d 399, 403 (2008); In re Wilson, 879 A.2d 199, 214 (Pa.Super.2005) (en banc). “The object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be construed, if possible, to give effect to all its provisions.” 1 Pa.C.S.A. § 1921(a). Additionally, “[w]ords and phrases [of a statute] shall be construed according to the rules of grammar and according to their common and approved usage.” 1 Pa.C.S.A. § 1903. Statutes should not be so narrowly and technically construed, so as to reach absurd results. 1 Pa.C.S.A. § 1922.

In this matter, Appellant relies upon previous cases applying Section 3742, and notes that “[e]very published case dealing with Section 3742 involves the driver striking a vehicle, structure, property, or person.” Appellant’s Brief at 29-30.

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Cite This Page — Counsel Stack

Bluebook (online)
55 A.3d 743, 2012 Pa. Super. 235, 2012 Pa. Super. LEXIS 3472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lowry-pasuperct-2012.