Commonwealth v. Matthews

783 A.2d 338, 2001 Pa. Super. 265, 2001 Pa. Super. LEXIS 2630
CourtSuperior Court of Pennsylvania
DecidedSeptember 7, 2001
StatusPublished
Cited by9 cases

This text of 783 A.2d 338 (Commonwealth v. Matthews) 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. Matthews, 783 A.2d 338, 2001 Pa. Super. 265, 2001 Pa. Super. LEXIS 2630 (Pa. Ct. App. 2001).

Opinions

JOYCE, J.

¶ 1 Louis Alexander Matthews (Appellant) appeals from the judgment of sentence imposed by the trial court on July 27, 2000 following his conviction, by a jury, of the crime of burglary.1 Upon review, we vacate the judgment of sentence and remand for further proceedings.

¶ 2 The trial court has provided an apt summary of the pertinent facts of this case as follows:

Josephine Clements, an 82-year old resident of Stowe Rocks, testified that at approximately 11:45 p.m. on September 10, 1999, she was at home watching television. She heard a noise and went upstairs to investigate. She saw the windows in her bedroom open and clothes pulled out of the dresser drawers. On the far side of the bed, she observed a man lying on the floor. The man, whom she identified as the defen[339]*339dant, got up and ran toward her. He pointed a screwdriver at her neck and said, “Give me your purse. Give me your money.” The defendant then grabbed her purse, ran down the stairs and out the front door.

Trial Court Opinion, 12/18/2000, at 2.

¶ 3 The Commonwealth presented testimony that Appellant made incriminating statements to Detective Leffler. According to Detective Leffler, after examining the criminal complaint against him, Appellant remarked that “she [the victim] didn’t have a lot of this stuff.” N.T. Trial, 5/10/2000, at 172. The Commonwealth also presented the testimony of Detective Kozlowski who stated that Appellant volunteered the following statement when he was being fingerprinted: “I just want to let you know I didn’t hold no screwdriver to her throat. I have done a lot of f* * * *d up s* *t in my life, but I didn’t do that.” N.T. Trial, 5/10/2000, at 136. According to the Commonwealth, Appellant’s knowledge of these facts indicates his involvement in the crimes charged2 because these facts were not circulating within the community. In his defense, Appellant sought to introduce evidence showing that his knowledge of these facts does not indicate his involvement in the crimes and that he learned of the facts from Robert DeSantis. DeSantis testified on direct examination that he told Appellant’s family certain facts about the crimes: that an elderly woman was robbed, that she came from her bedroom and confronted the perpetrator who then threatened her with a screwdriver before fleeing. N.T. Trial, 5/10/2000, at 190-193.

¶ 4 On cross-examination, the Commonwealth sought to introduce evidence that DeSantis is Appellant’s parole officer. Defense counsel promptly objected to this attempt by the Commonwealth to reveal Appellant’s relationship with DeSantis. N.T. Trial, 5/10/2000, at 193. At a sidebar discussion, the Commonwealth stated that its reason for attempting to reveal this relationship was because Appellant’s purpose in introducing DeSantis’ testimony was to falsely suggest to the jury that facts about the crimes were circulating within the community at large. The Commonwealth argued that the jury should be told of DeSantis’ relationship with Appellant to combat this false impression. The trial court agreed with the Commonwealth and permitted the prosecutor to elicit testimony from DeSantis that he is Appellant’s state parole officer. N.T. Trial, 5/10/2000, at 194-196.

¶5 On May 11, 2000, the jury found Appellant guilty of the crime of burglary but found him not guilty of the crime of robbery. On July 27, 2000, Appellant was sentenced to serve a period of incarceration of not less than ten years nor more than twenty years. This timely appeal followed. Subsequently, Appellant filed a concise statement of matters complained of on appeal pursuant to Pa.R.AP.1925(b), following which the trial court filed an opinion dated December 18, 2000.

¶ 6 In this appeal, Appellant presents the following questions for our review:

1. Did the trial court erroneously allow the Commonwealth to establish that Appellant[,] Matthews’ lead witness was his state parole officer?
2. Did sentencing counsel ineffectively fail to object to the trial court’s decision to deviate from the Sentencing Guidelines based on Guidelines factors?

Brief for Appellant, at 5.

117 With regard to the first issue, our standard of review is well settled. “[A]n appellate court may reverse a trial [340]*340court’s ruling regarding the admissibility of evidence only upon a showing that the trial court abused its discretion.” Commonwealth v. Minerd, 562 Pa. 46, 753 A.2d 225, 229 (2000) citing Commonwealth v. Hawk, 551 Pa. 71, 709 A.2d 373, 376 (1998). In determining the admissibility of evidence, the trial court must decide whether the evidence is relevant and, if so, whether its probative value outweighs its prejudicial effect. Commonwealth v. Crews, 536 Pa. 508, 640 A.2d 395 (1994). We wül be guided by these standards in our review of the trial court’s evidentiary rulings.

¶ 8 Appellant argues that the trial court erroneously allowed the Commonwealth to establish that one of Appellant’s witnesses, Robert DeSantis, was his state parole officer. We agree. As a factual matter, the Commonwealth’s assertion that Appellant falsely suggested to the jury through DeSantis’ testimony that facts about the crimes were circulating within the community at large is baseless. As Appellant correctly points out, DeSantis never testified or suggested he learned of the details of the crimes via community gossip; rather he expressly informed the jury that he learned the details of the burglary and robbery from a Stowe Township police officer, named Patton.3 DeSantis could not have been more specific about how he learned of the details of the crimes. DeSantis’ testimony on direct examination did not create the false impression alleged by the Commonwealth. As such, it was error for the trial court to permit the Commonwealth to reveal DeSantis’ position as Appellant’s parole officer to combat a false impression that was never created in the first place.

¶ 9 Even if assuming for the sake of argument that DeSantis’ testimony created the false impression alleged by the Commonwealth, admitting testimony regarding Appellant’s status as a parolee has serious evidentiary implications. Under Pa.R.E. 404(b):

(1) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.
(2) Evidence of other crimes, wrongs, or acts may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.
(3) Evidence of other crimes, wrongs, or acts proffered under subsection (b)(2) of this rule may be admitted in a criminal case only upon a showing that the probative value of the evidence outweighs its potential for prejudice.

¶ 10 By informing the jury that DeSan-tis is Appellant’s parole officer, the Commonwealth in effect told the jury that Appellant is a convicted criminal; that Appellant’s criminal conviction was for an offense serious enough that it resulted in incarceration (one can only be on parole after a period of incarceration). When reviewed in light of Pa.R.E.

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Cite This Page — Counsel Stack

Bluebook (online)
783 A.2d 338, 2001 Pa. Super. 265, 2001 Pa. Super. LEXIS 2630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-matthews-pasuperct-2001.