In Re Tg

836 A.2d 1003
CourtSuperior Court of Pennsylvania
DecidedNovember 17, 2003
StatusPublished
Cited by1 cases

This text of 836 A.2d 1003 (In Re Tg) 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
In Re Tg, 836 A.2d 1003 (Pa. Ct. App. 2003).

Opinion

836 A.2d 1003 (2003)

In the Interest of T.G.
Appeal of: T.G., Appellant.

Superior Court of Pennsylvania.

Submitted February 3, 2003.
Filed November 17, 2003.

*1004 John Packel, Public Defender, Philadelphia, for appellant.

Catherine L. Marshall, Asst. Dist. Atty., Philadelphia, for Com., appellee.

*1005 BEFORE: STEVENS, KLEIN, and BECK, JJ.

OPINION BY STEVENS, J.:

¶ 1 Appellant T.G. appeals from the January 14, 2002 dispositional order entered by the juvenile court following Appellant's adjudication of delinquency on the charges of kidnapping[1] and false imprisonment.[2] On appeal, Appellant contends that the evidence was insufficient to support her adjudication of delinquency for kidnapping and false imprisonment. After a review of the record and briefs of the parties, we affirm.

¶ 2 When a challenge to the sufficiency of the evidence is made, our task is to determine whether the evidence and all reasonable inferences drawn therefrom, when viewed in the light most favorable to the Commonwealth as the verdict winner, were sufficient to enable the fact-finder to find every element of the crime charged beyond a reasonable doubt. Commonwealth v. Shaffer, 763 A.2d 411, 413 (Pa.Super.2000). In applying the above test, we may not weigh the evidence and substitute our judgment for the fact-finder. Commonwealth v. Gooding, 818 A.2d 546, 549 (Pa.Super.2003). Moreover, we must defer to the credibility determinations of the trial court, as these are within the sole province of the finder of fact. Commonwealth v. Dehoniesto, 425 Pa.Super. 83, 624 A.2d 156, 162 (1993). The trier of fact, while passing upon the credibility of witnesses, is free to believe all, part, or none of the evidence. Gooding, 818 A.2d at 549.

¶ 3 When viewing the record in the light most favorable to the Commonwealth, we find the record reveals the following: On November 16, 2001, the victim, a six-year-old girl, was playing with her friend, who was also a child, in front of the house located next to Appellant's house. N.T. 1/9/02 at 15, 19-20, 31. The victim lived six or seven houses away on the other side of the street. N.T. 1/9/02 at 31. When Appellant, who was fourteen years old, appeared, the victim ran away; however, Appellant told the victim that she had candy, and the victim returned. N.T. 1/9/02 at 15. At this point, Appellant grabbed the victim's arm and pulled her into Appellant's residence. N.T. 1/9/02 at 15. Although the victim's playmate attempted to follow the victim inside of Appellant's residence, Appellant would not let him enter and shut the door. N.T. 1/9/02 at 17, 20, 29. Once Appellant had the victim in the house, she told her to sit down, pulled her hair, told her she was going to "kick her mommy's ass," and would not let the victim leave. N.T. 1/9/02 at 16, 28, 29.

¶ 4 After approximately twenty minutes, Appellant took the victim out to the front porch by her shirt collar, pulled her hair, hit her, and again told the victim she was going to "whoop [her] mom's ass." N.T. 1/9/02 at 19, 26, 32. Although the victim could see her mother and her mother could see her at this time, the victim could not get away because Appellant was holding her by the collar. N.T. 1/9/02 at 22-23, 26. Appellant was holding a metal bat and told the victim's mother to come and get the victim. N.T. 1/9/02 at 26. Finally, the mother summoned the police, and Appellant released the frightened victim when she saw the police arrive. N.T. 1/9/02 at 22, 24, 26.

¶ 5 Appellant first alleges that the evidence was insufficient to support her adjudication of delinquency for kidnapping. Specifically, Appellant contends that the evidence was insufficient to demonstrate that Appellant either unlawfully removed *1006 the victim a substantial distance or unlawfully confined the victim for a substantial period in a place of isolation. In addition, Appellant contends that the evidence fails to establish that Appellant had any of the requisite intents necessary for a finding of kidnapping.

¶ 6 18 Pa.C.S.A. § 2901 provides the following:

(a) Offense defined.-A person is guilty of kidnapping if [s]he unlawfully removes another a substantial distance under the circumstances from the place where [s]he is found, or if [s]he unlawfully confines another for a substantial period in a place of isolation, with any of the following intentions:
(1) To hold for ransom or reward, or as a shield or hostage.
(2) To facilitate commission of any felony or flight thereafter.
(3) To inflict bodily injury on or to terrorize the victim or another.
(4) To interfere with the performance by public officials of any governmental or political function.
(b) Grading.-Kidnapping is a felony of the first degree. A removal or confinement is unlawful within the meaning of this section if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of 14 years or an incapacitated person, if it is accomplished without the consent of a parent, guardian, or other person responsible for general supervision of h[er] welfare.

18 Pa.C.S.A. § 2901(a), (b) (emphasis added in part).

¶ 7 As to whether Appellant moved the victim a "substantial distance," this Court has held that the definition cannot be confined to a given linear distance. Commonwealth v. Hughes, 264 Pa.Super. 118, 399 A.2d 694, 696 (1979) (en banc). This Court has reasoned that the guilt of an abductor cannot depend upon the fortuity of the distance the abductor has transported her victim. Id. This Court has acknowledged that "the incidental movement of a victim during the commission of a crime which does not substantially increase the risk of harm to the victim," does not meet the statutory definition of kidnapping. Hughes, 399 A.2d at 698. However, where the movement of the victim places the victim "in a completely different environmental setting removed from the security of familiar surroundings," the statutory definition of kidnapping is met. Hughes, 399 A.2d at 698. "[T]he singular fact [that] removal compound[s] the risk of harm to the victim which was distinct from the risk inherent in the crimes which the movement accompanied," Hughes, 399 A.2d at 698, results in sufficient grounds for finding the victim was removed a "substantial distance." Stated another way, "a sensible interpretation is one that views a substantial distance as one that isolates the victim and exposes him or her to increased risk of harm." Commonwealth v. Campbell, 353 Pa.Super. 178, 509 A.2d 394, 397 (1986) (quotation and quotation marks omitted) (holding that a four year old victim was moved a "substantial distance" when the appellant carjacked the car in which the victim was riding, drove it several blocks, and stopped only because the vehicle became immobilized on ice).

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

Related

Com. v. Deleon, R.
Superior Court of Pennsylvania, 2019

Cite This Page — Counsel Stack

Bluebook (online)
836 A.2d 1003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tg-pasuperct-2003.