Commonwealth v. W.H.M.

932 A.2d 155, 2007 Pa. Super. 249, 2007 Pa. Super. LEXIS 2639
CourtSuperior Court of Pennsylvania
DecidedAugust 22, 2007
StatusPublished
Cited by360 cases

This text of 932 A.2d 155 (Commonwealth v. W.H.M.) 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. W.H.M., 932 A.2d 155, 2007 Pa. Super. 249, 2007 Pa. Super. LEXIS 2639 (Pa. Ct. App. 2007).

Opinion

OPINION BY

TODD, J.:

¶ 1 W.H.M., Jr. appeals the judgment of sentence entered June 9, 2006 1 by the Honorable Dominick Motto of the Lawrence County Court of Common Pleas following his conviction by a jury of rape by forcible compulsion, 2 rape of a person less than 13 years old, 3 statutory sexual assault, 4 aggravated indecent assault, 5 incest, 6 indecent assault 7 and corruption of minors. 8 Appellant also challenges the trial court’s determination that he is a sexually violent predator (“SVP”) pursuant to Megan’s Law II. 9 Upon review, we affirm.

¶ 2 The relevant facts and procedural history of this matter are as follows. Appellant was charged with the aforementioned offenses 10 after his daughter reported to authorities that, between June 1995 and February 2000, beginning when she was nine-years-old, and continuing until she was thirteen-years-old, Appellant had sexually molested her on numerous occasions and in various ways.

¶ 3 Appellant proceeded to a jury trial, represented by Norman Levine, Esquire, at which Judge Motto presided. At trial, the victim testified against Appellant in great detail. Specifically, she testified that Appellant frequently compelled her to have sexual intercourse with him, sometimes while he handcuffed her to the bed, and would force her to perform oral sex. She further testified that Appellant instructed her not to tell anyone. She described that Appellant would often touch various parts of her body under her clothing when no other family members were around and would penetrate her vagina and touch her breasts with his fingers. *159 She also testified that although she told her brothers and a friend, A.J.D., that Appellant was forcing her to have sexual relations with him, she did not report Appellant’s actions to any adults because she was fearful that her family would split up as a result. In addition to the victim’s testimony, the Commonwealth presented the testimony of several witnesses, including the victim’s two brothers (Appellant’s sons) and A.J.D., in support of its case against Appellant.

¶ 4 Appellant was convicted of the above charges on May 20, 2005, and on May 25, 2005, the trial court ordered that an SVP assessment be conducted by the Sexual Offenders Assessment Board pursuant to Megan’s Law. Shortly thereafter, Appellant’s trial counsel passed away. Represented by new counsel, Joseph J. Kearney, Esquire, Appellant’s SVP hearing was conducted on April 4-5, and May 8, 2006. On June 6, 2006, the trial court determined that Appellant is an SVP, and, on June 9, 2006, sentenced him to an aggregate term of 8Y¿ to 17 years in prison plus a consecutive sentence of 5 years probation. Following the denial of his post-sentence motions, Appellant timely appealed to this Court, presenting the following questions for our consideration:

1. Was the evidence produced at trial sufficient to convict the Appellant of all the offenses charged against him?
2. Was the verdict of guilty contrary to the weight of the evidence?
3. Was trial counsel ineffective in its representation of the Appellant at trial?
4. Was the sentence imposed by the trial court upon the Appellant excessive?
5. Did the trial court err in finding that the Appellant was [an SVP]?

(Appellant’s Brief at 5.)

¶ 5 Appellant first argues, rather generally, that the “events which the victim testified about could not possibly have happened the way she testified” because “[c]learly, the victim said that at times when her father was having sexual contact with her, the victim’s mother was home.” (Appellant’s Brief at 11.) He adds that because the victim’s mother testified that there was usually someone at home during the occasions about which the victim testified that her father forced her to have sexual relations, the victim’s testimony is, therefore, not credible. (Id.) On this basis, he challenges the sufficiency of the evidence against him.

¶ 6 When considering whether the evidence adduced at trial is sufficient to sustain a conviction, we employ the following standard of review:

When reviewing a sufficiency of the evidence claim, an appellate court, viewing all the evidence and reasonable inferences therefrom in the light most favorable to the Commonwealth as the verdict winner, must determine whether the evidence was sufficient to enable the fact finder to find that all of the elements of the offenses were established beyond a reasonable doubt.

Commonwealth v. Hawkins, 549 Pa. 352, 366, 701 A.2d 492, 499 (1997). Furthermore, “[t]he Commonwealth may sustain its burden by proving the crime’s elements with evidence which is entirely circumstantial and the trier of fact, who determines credibility of witnesses and the weight to give the evidence produced, is free to believe all, part, or none of the evidence.” Commonwealth v. Brown, 701 A.2d 252, 254 (Pa.Super.1997).

¶ 7 A person is guilty of rape if he “engages in sexual intercourse with a complainant ... [b]y forcible compulsion.” 18 Pa.C.S.A. § 3121(a)(1).

*160 ¶ 8 A person is guilty of rape of a person less than 13 years of age if he engages in sexual intercourse with a complainant who is less than 13 years of age. 18 Pa.C.S.A. § 3121(a)(6) (repealed 2002, now 18 Pa. C.S.A. § 3121(c).)

¶ 9 A person is guilty of statutory sexual assault if he engages in sexual intercourse with a complainant under the age of 16 years, is four or more years older than the complainant, and is not married to the complainant. 18 Pa.C.S.A. § 3122.1.

¶ 10 A person is guilty of aggravated indecent assault if he “engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures” if the person “does so by forcible compulsion.” 18 Pa.C.S.A. § 3125(2).

¶ 11 A person is guilty of incest if “that person knowingly ... has sexual intercourse with an ancestor or descendant.” 18 Pa.C.S.A. § 4302.

¶ 12 A person is guilty of indecent assault if the person “has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid ... for the purpose of arousing sexual desire in the person or the complainant ... by forcible compulsion.” 18 Pa.C.S.A. § 3126(a)(2).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Harris, A.
Superior Court of Pennsylvania, 2025
Com. v. Wiggins, G.
Superior Court of Pennsylvania, 2025
Com. v. Fowler, C.
Superior Court of Pennsylvania, 2025
Com. v. Weeks, A.
Superior Court of Pennsylvania, 2023
Com. v. Whitlock, J.
Superior Court of Pennsylvania, 2023
Com. v. Carter, M.
Superior Court of Pennsylvania, 2023
Com. v. Johnson, C.
Superior Court of Pennsylvania, 2023
Com. v. Duncan, B.
Superior Court of Pennsylvania, 2023
Com. v. Myers, R.
Superior Court of Pennsylvania, 2023
Com. v. Cohens, E.
Superior Court of Pennsylvania, 2023
Com. v. McCormick, A.
Superior Court of Pennsylvania, 2023
Com. v. Wise, D.
Superior Court of Pennsylvania, 2023
Com. v. Johnson, B.
Superior Court of Pennsylvania, 2023
Com. v. Guth, S.
Superior Court of Pennsylvania, 2023
Com. v. Suchite, R.
Superior Court of Pennsylvania, 2023
Com. v. Supik, J.
Superior Court of Pennsylvania, 2023
Com. v. Steele, M.
Superior Court of Pennsylvania, 2023
Com. v. Davis, E.
Superior Court of Pennsylvania, 2023
Com. v. Schiefelbein, T.
Superior Court of Pennsylvania, 2022
Com. v. Harper, P.
2022 Pa. Super. 51 (Superior Court of Pennsylvania, 2022)

Cite This Page — Counsel Stack

Bluebook (online)
932 A.2d 155, 2007 Pa. Super. 249, 2007 Pa. Super. LEXIS 2639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-whm-pasuperct-2007.