Commonwealth v. Serrano

9 Pa. D. & C.5th 27
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedJune 26, 2009
Docketno. 96-2008
StatusPublished

This text of 9 Pa. D. & C.5th 27 (Commonwealth v. Serrano) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Serrano, 9 Pa. D. & C.5th 27 (Pa. Super. Ct. 2009).

Opinion

KNISELY, J,

Defendant Angel Roberto Serrano has appealed his judgment of sentence to the Superior Court of Pennsylvania. This opinion is written pursuant to Rule 1925(a) of the Pennsylvania Rules [28]*28of Appellate Procedure. In his appeal, appellant raises sufficiency and weight of the evidence arguments.

BACKGROUND

On January 4, 2007, appellant Serrano and Brandon McPherson armed themselves and went to the comer of Beaver Street and West Andrew Street, downtown Lancaster, where they opened fire on a group of males. Serrano and McPherson were battling with the males over drug-dealing territory. B.P., a 7-year-old girl, was walking home with her mother and two cousins across the street when appellant and McPherson opened fire on the males. B.P. was struck by a bullet in her back. Appellant and McPherson fled the scene of the shooting.

B.P. was taken to the hospital. The EMT kept her alive on the way by sticking his finger in her back to stop the bleeding. N.T. trial, 11/4/08, at 234. At the hospital, she went into cardiac arrest. Id. Bone fragments and travel of the bullet caused injuries to her ribs, lung and heart. Id. at 611. At one point, they had to shock her heart to get it beating again. Id. She came veiy close to dying, but the efforts of her doctors and medical staff saved her life. Id. at 613.

From the shooting scene, appellant and McPherson went to the house of McPherson’s friend. They changed clothes and caught a cab with their respective girlfriends, Brittney and Sheena, and another male, to a motel. The five of them then went to the house of Sheena’s mother. Upon returning to Lancaster, appellant sought money from his stepfather. His stepfather, reasoning that appellant would violate his probation if he left the state, refused [29]*29to give him money. Appellant fled to Florida where stayed with another girlfriend, Nicole. he

While in Florida, appellant remained in contact with various girlfriends in Lancaster, his sister, and his stepfather. He warned his stepfather to be careful when testifying. He also wrote his sister telling her to be nice to the girls to secure his alibi. The letters to his sister and Brittney told them what to say regarding the shooting. Appellant also asked Brittney for money which she sent him several times during his time in Florida.

On February 14, 2007, appellant was arrested in Florida. Formal charges were filed against appellant and McPherson on March 12,2007. On September 24,2007, appellant was extradited from Florida. While in prison, appellant continued to manipulate his girlfriends as part of his “power move,” N.T. trial, 11/6/08, at 1029, to establish an alibi. Calling them “two fat girls in love,” id., he told them each he was not dating the other.

Appellant was charged under Information 96-2008 with attempted murder,1 conspiracy to commit murder,2 aggravated assault,3 conspiracy to commit aggravated assault,4 and two counts of recklessly endangering another person.5 On November 14, 2008, a jury found appellant guilty of criminal conspiracy to commit murder, criminal conspiracy to commit aggravated assault, and recklessly endangering another person. The court ordered [30]*30a pre-sentence investigation. On March 23, 2009, this court sentenced appellant to 20 to 40 years in a state correctional institute for criminal conspiracy to commit murder, five to 10 years for criminal conspiracy to commit aggravated assault, and one to two years on each count of reckless endangerment. All counts were consecutive; thus, the aggregate term is 27 to 50 years of state imprisonment.

On April 1, 2009, appellant filed a petition to modify sentence which was denied by this court’s April 2,2009 order. This appeal followed.

DISCUSSION

Appellant claims there was insufficient evidence to establish his guilt beyond a reasonable doubt on the charges of conspiracy to commit murder, conspiracy to commit aggravated assault, and recklessly endangering another person.

The test for determining the sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth as the verdict winner and drawing all proper inferences favorable to the Comm on - wealth, the fact-finder could reasonably have determined all the elements of the crime to have been established beyond a reasonable doubt. Commonwealth v. Oliver, 693 A.2d 1342, 1344 (Pa. Super. 1997).

A person is guilty of criminal conspiracy if he, with another person, (1) intends to promote or facilitate the commission of a crime, and (2) agrees with the other person that one or more of them will engage in conduct constituting the crime or attempting or soliciting to com[31]*31mit such crime. 18 Pa.C.S. §903(a). An agreement may be inferred from the acts and circumstances of the parties. Commonwealth v. Ripley, 833 A.2d 155, 160 (Pa. Super. 2003). Moreover, a conspiracy conviction requires an overt act done in furtherance of the conspiracy. 18 Pa.C.S. §903(e). The sufficiency of evidence to sustain a conviction of conspiracy is not affected by the fact that defendants are acquitted on the substantive charges. Commonwealth v. Wanamaker, 298 Pa. Super. 283, 288, 444 A.2d 1176, 1178 (1982) (citing Commonwealth v. Rosen, 141 Pa. Super. 272, 14 A.2d 833 (1940)).

Here, the Commonwealth presented ample evidence that appellant conspired with McPherson to kill the males on the corner. Witnesses testified that appellant and McPherson were upset prior to the shooting. N.T. trial at 247, 343, 346. McPherson felt disrespected, id. at 247, and told his girlfriend that he was going to shoot the guy on Beaver Street. Id. at 346. Appellant and McPherson left the house in downtown Lancaster together. Id. at 343, 448. Witnesses back at the house testified to hearing gunshots shortly after appellant and McPherson left. Id. at 259, 350, 452. Before the shots, McPherson’s girlfriend remained at the house. She called McPherson’s cell phone. Id. at 351. Another male at the house took the phone and asked, “What’s taking so long, are you gonna make it rain.” Id.

Witnesses testified that McPherson and appellant returned to the house out of breath and excited. Id. at 249-50,352,452-53. They were each seen with different guns. Id. at 262-63, 274-75, 340, 355, 453. They changed clothes. Id. at 3 50,454. Appellant told a witness. “I think we clapped them niggas.” Id. at 371. They took a cab to [32]*32a motel where appellant admitted that both he and McPherson shot at a guy. Id. at 460-61. Appellant sought money and fled to Florida to “get out of dodge.” Id. at 529. A silver revolver fitting the description given by witnesses of a gun they saw the defendants with was recovered. Id. at 763-65. The same gun was matched to bullets recovered from the scene. Id. at 803-806.

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Commonwealth v. Klein
795 A.2d 424 (Superior Court of Pennsylvania, 2002)
Commonwealth v. Ripley
833 A.2d 155 (Superior Court of Pennsylvania, 2003)
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832 A.2d 403 (Supreme Court of Pennsylvania, 2003)
Commonwealth v. Hopkins
747 A.2d 910 (Superior Court of Pennsylvania, 2000)
Commonwealth v. Carter
282 A.2d 375 (Supreme Court of Pennsylvania, 1971)
Commonwealth v. Andrews
768 A.2d 309 (Supreme Court of Pennsylvania, 2001)
Commonwealth v. Lawson
650 A.2d 876 (Superior Court of Pennsylvania, 1994)
Commonwealth v. Reynolds
835 A.2d 720 (Superior Court of Pennsylvania, 2003)
Commonwealth v. Wanamaker
444 A.2d 1176 (Superior Court of Pennsylvania, 1982)
Commonwealth v. Marinez
777 A.2d 1121 (Superior Court of Pennsylvania, 2001)
Commonwealth v. Rosen
14 A.2d 833 (Superior Court of Pennsylvania, 1940)
Commonwealth v. Oliver
693 A.2d 1342 (Superior Court of Pennsylvania, 1997)

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Bluebook (online)
9 Pa. D. & C.5th 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-serrano-pactcompllancas-2009.