Commonwealth v. Walker

559 A.2d 579, 384 Pa. Super. 562, 1989 Pa. Super. LEXIS 1532
CourtSupreme Court of Pennsylvania
DecidedMay 30, 1989
Docket174
StatusPublished
Cited by13 cases

This text of 559 A.2d 579 (Commonwealth v. Walker) is published on Counsel Stack Legal Research, covering Supreme 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. Walker, 559 A.2d 579, 384 Pa. Super. 562, 1989 Pa. Super. LEXIS 1532 (Pa. 1989).

Opinions

HOFFMAN, Judge:

This appeal is from the judgment of sentence for rape, involuntary deviate sexual intercourse, indecent assault, recklessly endangering another person, unlawful restraint, and simple assault. Appellant raises a number of issues concerning the trial court’s limiting his cross-examination of the complainant. Specifically, appellant contends that the trial court erred in refusing to allow him to (1) question the complainant concerning her prior sexual conduct; (2) question the complainant with regard to the fact that (a) she was on probation and parole and (b) there were other charges pending against her; and (3) impeach the complainant’s credibility based on her prior conviction for criminal trespass. For the reasons that follow, we vacate the judgment of sentence and remand for a new trial.

On August 24, 1987, a jury found appellant guilty of the above-referenced charges. Post verdict motions were timely filed and denied, and, on February 9, 1988, appellant was sentenced to concurrent five-to-fifteen-year terms of imprisonment for rape and involuntary deviate sexual intercourse. The court determined that the remaining charges merged for sentencing purposes. Appellant’s motion to modify sentence was timely filed and denied, and this appeal followed.

Appellant asserts nine claims of error, but because of our disposition of this appeal, we address only his claims regarding the court’s restricting his cross-examination of the complainant.1 Appellant first argues that the trial [566]*566court erred in refusing to allow him to question the complainant concerning her prior sexual conduct. Appellant claims that Pennsylvania’s Rape Shield Law, see 18 Pa.C. S.A. § 3104, does not bar the admission of this evidence because it was offered not to attack the complainant’s chastity but to explain the presence of objective signs of sexual intercourse.2 After carefully reviewing the record and appellant’s brief, we conclude that the trial court has properly disposed of this contention in its opinion. Accordingly, we affirm the disposition of this issue on the basis of that opinion.

Appellant next argues that the trial court erred in refusing to allow him to question the complainant with regard to the fact that (1) she was on probation and parole and (2) there were charges pending against her at the time of trial. Appellant maintains that this evidence was admissible to show the complainant’s potential bias. In Commonwealth v. Evans, 511 Pa. 214, 512 A.2d 626 (1986), our Supreme Court articulated the standard to be applied when a criminal defendant seeks to cross-examine a prosecution witness about his or her criminal record in order to show motive or bias. The Court held that:

whenever a prosecution witness may be biased in favor of the prosecution because of outstanding criminal charges or because of any non-final criminal disposition against him within the same jurisdiction, that possible bias, in fairness, must be made known to the jury. Even if the prosecutor has made no promises, either on the present case or on other pending criminal matters, the witness may hope for favorable treatment from the prosecutor if the witness presently testifies in a way that is helpful to the prosecution. And if that possibility exists, the jury should know about it.
[567]*567The jury may choose to believe the witness even after it learns of actual promises made or possible promises of leniency which may be made in the future, but the defendant, under the right guaranteed in the Pennsylvania Constitution to confront witnesses against him, must have the opportunity at least to raise some doubt in the mind of the jury as to whether the prosecution witness is biased. It is not for the court to determine whether the cross-examination for bias would affect the jury’s determination of the case.

Id., 511 Pa. at 224-25, 512 A.2d at 631-32 (footnote omitted). See also Commonwealth v. Cauto, 369 Pa.Super. 381, 387-88, 535 A.2d 602, 605 (1987). The possibility of motive or bias, of course, must be more than mere speculation. Commonwealth v. Gay, 369 Pa.Super. 340, 343, 535 A.2d 189, 190 (1988). “There must be a logical connection between the facts to be proven and the inference to be drawn from the facts.” Id. (citations omitted).

After carefully reviewing the record, we agree with appellant that the evidence that he sought to introduce would have supported an inference that the complainant was biased. First, we note that, as a condition of the complainant’s probation and parole, she was required to refrain from using alcohol and drugs. At trial, however, the complainant admitted that she had consumed twelve or thirteen beers and had taken pills on the night of the alleged rape. N.T. August 21, 1987, at 65, 67, 71-75. The complainant’s actions were in direct violation of her probation and parole. Based on these facts, the complainant may have testified for the Commonwealth in the hope that she could avoid an action to revoke her probation or parole. Similarly, the fact that charges were pending against the complainant would support an inference that she was biased. The complainant had been arrested and charged with disorderly conduct one week before appellant’s trial. As a result of that arrest, she was also charged with violating her probation and parole. Based on these facts, the complainant may have testified in the hope that she could curry [568]*568favor with the Commonwealth with regard to both the pending charge, and the probation violation charge. In summary, because the proffered evidence was relevant to establishing that the complainant may have been biased, we must conclude that the trial court erred in refusing to allow the evidence. See Commonwealth v. Evans, supra; Commonwealth v. Cauto, supra; Commonwealth v. Gay, supra.

Appellant also argues that the trial court erred in refusing to allow him to impeach the complainant’s credibility based on her prior conviction for criminal trespass. Appellant maintains that this conviction was admissible because criminal trespass involves an element of deceit. We agree. It is settled that a witness may be impeached on the basis of past convictions, as long as the convictions involve crimes of dishonesty or false statement (crimen falsi), and the date of conviction or the last day of confinement is within ten years of the trial date. See Commonwealth v. Randall, 515 Pa. 410, 412, 528 A.2d 1326, 1329 (1987); see also Commonwealth v. Yost, 478 Pa. 327, 334-35, 386 A.2d 956, 960 (1978).3

The complainant’s criminal trespass conviction occurred on January 12, 1986; thus, the question we must determine is whether this offense is in the nature of crimen falsi. Although our research has revealed no Pennsylvania case which has decided this issue,4 we have no difficulty in resolving the question. The crime of criminal trespass involves either entering or remaining in a place, while knowing that one is not licensed or privileged to do so. See [569]*56918 Pa.C.S.A.

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Commonwealth v. Walker
559 A.2d 579 (Supreme Court of Pennsylvania, 1989)

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Bluebook (online)
559 A.2d 579, 384 Pa. Super. 562, 1989 Pa. Super. LEXIS 1532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-walker-pa-1989.