Commonwealth v. Robinson

128 A.3d 261, 2015 Pa. Super. 238, 2015 Pa. Super. LEXIS 750, 2015 WL 7294584
Superior Court of Pennsylvania·Decided November 19, 2015·No. 912 MDA 2014·Published·Cited by 75 cases

Opinion

OPINION BY

DONOHUE, J.:

Appellant, James Jumah Robinson (“Robinson”), appeals from the judgment of sentence following his convictions of carrying a firearm without a license, 18 Pa. C.S.A. § 6106(a)(1), and receiving stolen property, 18 Pa.C.S.A. § 3925(a). On appeal, Robinson challenges the sufficiency of the evidence supporting the conviction of receiving stolen property, contending that the Commonwealth did not prove that he possessed the requisite mens rea for the crime. For the reasons that follow, we reverse Robinson’s conviction of receiving stolen property, vacate the judgment of sentence, and remand for resentencing on the remaining firearms conviction. '

On May 19, 2013, Officers Christopher Dinger and Brett Sneeringer intervened in a domestic dispute between Robinson and Adrianne- Myers (“Myers”), with another female (Mercedes Hodge (“Hodge”)) also at the scene. N.T., 2/11/2014, at 15. According to Officer Dinger, Myers ‘was “screaming very loudly and .. ■. seemed to be very angry at [Robinson].” Id. While Officér Dinger talked 'with Myers and Hodge, Hodge “quietly informed” the officer that Robinson was currently carrying a firearm in his pocket. Id. at 17. Officer Dinger testified-that he then approached Robinson and asked if he had any weapons on his person, to which Robinson “just froze where he stood” and “stared at [the officer] stone-faced.” Id. Officer Dinger conducted a Terry pat down search of Robinson’s exterior for weapons, at which time he felt a large revolver in Robinson’s left front coat pocket.' Id. at 17-18. Officer Dinger held' the revolver tightly through the jacket and asked Robinson if he had a permit to carry the weapon. Id. at 18. Robinson again offered no response, remaining “stone-faced” and just stood “without moving or saying anything”. Id. Officer Sneeringer handcuffed Robinson and Officer Dinger removed a loaded .357 Magnum revolver, manufacturer’s serial number 140594, from his left front coat pocket. Id. at 18-19. Officer Dinger contacted the county dispatcher, who advised that a search indicated that Robinson did not possess a permit to carry a firearm and that he had a scofflaw warrant for an unpaid harassment ticket. Id. at 28.

*264 Officer Dinger identified Jeffery Schoen-berger (“Schoenberger”) of Lebanon, Pennsylvania, as the probable owner of the handgun. Id. at. 24. Schoenberger testified that he purchased the weapon in a private sale and then took it to a local gun shop to complete the transaction. Id. at 38. He kept the' handgun in his basement, and the last time he could remember seeing it was July 2010. Id. at 39. He did not know that it was missing until May 2013 when Officer Dinger contacted him. Id. at 39-40. At that time, Schoenberger reported the weapon as missing, but subsequently decided not to pursue charges because he believed that his stepson likely took it and “sold it for money or traded it for drugs.” Id. at 42, Schoenberger indicated that he did not know Robinson and had not given him .the handgun. Id. at 40.

After a jury trial on February 11, 2014, Robinson was convicted of the two above-referenced crimes, 1 On the conviction of firearms not to be carried without a license, the trial court sentenced him to a term of incarceration of not less than forty-two months or more than seven years. On the conviction of receiving stolen property, the trial court sentenced Robinson to a consecutive term of incarceration of not less than two years or more than ten years.

On appeal, Robinson challenged only the sufficiency of the evidence supporting his conviction of receiving stolen property.. In a memorandum decision issued on December 23, 2014, a panel of this Court reversed the conviction of receiving stolen property arid remanded for resentencing. This Court subsequently granted en banc review for further consideration of the sufficiency of the evidence for the disputed conviction. Robinson contends that the Commonwealth presented no evidence at trial to establish that he knew, or had reason to know, that the firearm in his possession was stolen. The Commonwealth disagrees, arguing that it introduced circumstantial evidence that, when viewed in the light most favorable to the verdict winner, permitted the jury to infer that Robinson possessed the requisite mens rea for a conviction of receiving stolen property.

Our standard of review for a challenge to the sufficiency of the evidence is de novo, but our scope of review is limited to considering the evidence of record, and all reasonable inferences arising therefrom, viewed in the light most favorable to the Commonwealth as the verdict winner. Commonwealth v. Rushing, 627 Pa. 59, 99 A.3d 416, 420-21 (2014). Evidence is sufficient if it can support every element of the crime charged beyond a reasonable doubt. Commonwealth v. Forrey, 108 A.3d 895, 897 (Pa.Super.2015); Commonwealth v, Vogelsong, 90 A.3d 717, 719 (Pa.Super.2014). The trier of fact, while passing upon the credibility of witnesses and the weight of the proof, is free to believe all, part, or none of the evidence. Commonwealth v. Watkins, 577 Pa. 194, 843 A.2d 1203, 1211 (2003).

The crime of receiving stolen property is defined by statute as follows:.

§ 3925. Receiving stolen property
(a) Offense defined. — A person is guilty of theft if he intentionally receives, retains, or disposes of movable *265 property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with intent to restore it to the owner.

18 Pa.C.S.A. § 3925(a). Based upon this definition, this Court has identified the elements of the crime, as relevant here, to be: (1) intentionally acquiring possession of the movable property of another; (2) with knowledge' or belief that it was probably stolen; and (3) the intent to deprive permanently. Commonwealth v. Nero, 58 A.3d 802, 807 (Pa.Super.2012) (quoting Commonwealth v. Young, 35 A.3d 54, 63 (Pa.Super.2011), appeal denied, 616 Pa. 646, 48 A.3d 1249 (2012)), appeal denied, 166 Pa.Super. 544, 72 A.2d 602 (2013).

Robinson contests the sufficiency of the evidence only with respect to the second element of the crime, sometimes referred to as “guilty knowledge” of the crime. See Commonwealth v. Matthews, 429 Pa.Super. 291, 632 A.2d 570, 572 (1993). This Court has commented on the basic requirement for satisfaction of this second element as follows:

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Commonwealth v. Robinson, 128 A.3d 261, 2015 Pa. Super. 238, 2015 Pa. Super. LEXIS 750, 2015 WL 7294584 (Pa. Ct. App. 2015).

128 A.3d 261 (Commonwealth v. Robinson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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