Commonwealth v. Morales

40 Pa. D. & C.4th 456, 1998 Pa. Dist. & Cnty. Dec. LEXIS 10
CourtPennsylvania Court of Common Pleas, Berks County
DecidedDecember 9, 1998
Docketno. 1289/97
StatusPublished
Cited by2 cases

This text of 40 Pa. D. & C.4th 456 (Commonwealth v. Morales) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Morales, 40 Pa. D. & C.4th 456, 1998 Pa. Dist. & Cnty. Dec. LEXIS 10 (Pa. Super. Ct. 1998).

Opinion

KELLER, P.J.,

On October 22, 1997, the defendant, Jorge Morales, was found guilty by a jury of one count of rape, one count of statutory sexual assault, three counts of indecent assault, and one count of corruption of minors.1 Pursuant to 42 Pa.C.S. §9794(a) (Megan’s Law), on April 8, 1998, this court ordered an assessment to be performed by the Commonwealth Sexual Assessment Board.2

On June 9, 1998, the defendant filed a motion for extraordinary relief challenging the constitutionality of the “sexually violent predator” provisions of Pennsylvania’s Megan’s Law and to bar a second prosecution. On June 16, 1998, this court denied the motion for extraordinary relief and conducted a hearing to determine whether the defendant was a sexually violent predator. This court received and took note of the statutorily mandated assessor reports.3 After reviewing reports offered by the two state board assessors, this court found the defendant failed to prove, by clear and con[459]*459vincing evidence, that he was not a sexually violent predator.4 Accordingly, this court sentenced the defendant to a period of incarceration of seven years to life5 on count one, rape and six months to 24 months on count nine, corruption of minors. Thereafter, the defendant was advised of his duties to register under the relevant provisions of Megan’s Law and he acknowledged the same in writing.6 (N.T. 6/16/98 pp. 12-13.)

A timely appeal was filed by the defendant to the Superior Court of Pennsylvania on July 8, 1998. Subsequently, this court requested a concise statement of matters complained of on appeal. This concise statement was filed on August 3, 1998. In that first concise statement, defendant raised two issues concerning, first, defendant’s status as a sexually violent predator, and second, the constitutionality of Pennsylvania’s Megan’s Law. Both these issues were addressed in this court’s memorandum opinion of August 6,1998. Subsequently, on August 31, 1998, upon motion of the defendant, this court allowed the public defender to file an amended concise statement of matters complained of on appeal. In this second concise statement, the defendant raises two additional issues:

“(1) The Commonwealth did not provide sufficient evidence to meet its burden of proving beyond a rea[460]*460sonable doubt the charges of rape, statutory sexual assault, indecent assault and corruption of minors.
“(2) The sentencing court did not provide adequate reasons on the record for deviating from the sentencing guidelines and in imposing a sentence that is manifestly excessive.”

This opinion is written pursuant to Rule 1925(a) of the Pennsylvania Rules of Appellate Procedure and for the following reasons, we request that defendant’s appeal be denied; however, this court requests that the defendant be remanded for resentencing in light of a recent Superior Court decision.

SUFFICIENCY OF THE EVIDENCE

In defendant’s first allegation of error, he contends that the evidence was insufficient to support a verdict of guilty. We disagree.

With respect to the sufficiency of the evidence, to sustain a conviction, the standard of review is as follows:

“In reviewing a challenge to the sufficiency of the evidence, we must determine whether, viewing all the evidence admitted at trial, together with all reasonable inferences therefrom, in the light most favorable to the Commonwealth, the trier of fact could have found that each element of the offense [ ] charged was supported by evidence and inferences sufficient in law to prove guilt beyond a reasonable doubt. . . . This standard is equally applicable to cases where the evidence is circumstantial rather than direct so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt. . . . Moreover, it is the province of the trier of fact to pass upon the credibility of witnesses and the weight to be accorded the evidence produced. The fact-finder is free to believe all, part, [461]*461or none of the evidence____The facts and circumstances established by the Commonwealth need not be absolutely incompatible with the defendant’s innocence, but the question of any doubt is for the jury unless the evidence be so weak and inconclusive that as a matter of law no probability of fact can be drawn from the combined circumstances.” Commonwealth v. Sanders, 426 Pa. Super. 362, 367, 627 A.2d 183, 185 (1993) (citations omitted); see Commonwealth v. Hodge, 441 Pa. Super. 653, 656-57, 658 A.2d 386, 387-88 (1995).

The testimony of the victim alone is sufficient to sustain a rape conviction. Commonwealth v. Pride, 252 Pa. Super. 34, 380 A.2d 1267 (1977). In order for there to be sufficient evidence for the charge of rape, the Commonwealth must prove that the defendant engaged in sexual intercourse, with the complainant, by force or compulsion.7 “Forcible compulsion is an act, including physical force as well as moral, psychological or intellectual force, used to compel a person to engage in sexual intercourse against that person’s will. . . . Moreover, the degree of that force is relative and depends on the totality of the facts and circumstances of the particular case. . . . The victim need not resist a person trying to force sexual intercourse against her will.” Commonwealth v. Riley, 434 Pa. Super 414, 417, 643 A.2d 1090, 1091 (1994) (citing Commonwealth v. Rhodes, 510 Pa. 537, 510 A.2d 1217 (1986)). (citations omitted) Furthermore, when determining whether moral, psychological or intellectual force exists, a court should consider the following factors: “the respective ages of the victim and the accused, the respective mental and physical conditions of the victim and the accused, the atmosphere and physical setting in which the incident [462]*462was alleged to have taken place, the extent to which the accused may have been in a position of authority, domination or custodial control over the victim, and whether the victim was under duress.” Rhodes, supra at 556, 510 A.2d at 1227.

To prove the crime of statutory sexual assault, the Commonwealth must prove beyond a reasonable doubt, that the defendant engaged in sexual intercourse with a complainant under the age of 16 years and that the defendant is four or more years older than the complainant and the complainant and the defendant are not married to each other. 18 Pa.C.S. §3122.1. To prove the crime of indecent assault, the Commonwealth must prove all the elements provided for in 18 Pa.C.S. §3126. In pertinent part the statute provides that:

“(a) Offense defined. — A person who has indecent contact with the complainant or causes the complainant to have indecent contact with the person is guilty of indecent assault if:

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Cite This Page — Counsel Stack

Bluebook (online)
40 Pa. D. & C.4th 456, 1998 Pa. Dist. & Cnty. Dec. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-morales-pactcomplberks-1998.