In the Interest of: J.A.D.-B., a Minor

CourtSuperior Court of Pennsylvania
DecidedJuly 29, 2022
Docket76 MDA 2022
StatusUnpublished

This text of In the Interest of: J.A.D.-B., a Minor (In the Interest of: J.A.D.-B., a Minor) 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 the Interest of: J.A.D.-B., a Minor, (Pa. Ct. App. 2022).

Opinion

J-S16009-22

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: J.A.D.-B., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : Appellant : : : : : : No. 76 MDA 2022

Appeal from the Dispositional Order Entered July 15, 2021 In the Court of Common Pleas of Centre County Juvenile Division at No(s): CP-14-JV-0000005-2021

BEFORE: PANELLA, P.J., KUNSELMAN, J., and COLINS, J.*

MEMORANDUM BY PANELLA, P.J.: FILED JULY 29, 2022

J.A.D.-B., a minor, appeals from the dispositional order entered

following his adjudication of delinquency for one count each of burglary,

robbery, criminal trespass, theft by unlawful taking, receiving stolen property,

possessing an instrument of crime, possessing a weapon, terroristic threats,

simple assault, recklessly endangering another person and tampering with

evidence, and five counts of criminal conspiracy.1 J.A.D.-B. challenges the

evidence supporting his adjudication of delinquency, as well as his

dispositional placement in a secure facility. After careful review, we affirm.

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

1See 18 Pa.C.S.A. §§ 3502(a)(1)(i), 3701(a)(1)(iv), 3503(a)(1)(i), 3921(a), 3925(a), 907(a) and (b), 2706(a)(1), 2701(a)(3), 2705, 4910(1), 903. J-S16009-22

During the late night to early evening hours of May 24-25, 2020, J.A.D.-

B. and another juvenile, D.B., broke into an apartment, threatened the

residents with a BB gun, and stole a limited-edition PlayStation controller and

several video games. The Commonwealth filed a delinquency petition against

J.A.D.-B. charging him with the above-mentioned delinquent acts.

At the conclusion of the adjudicatory hearing, the juvenile court

concluded J.A.D.-B. committed the delinquent acts and was in need of

treatment, supervision, or rehabilitation. The juvenile court later conducted a

dispositional hearing, and on July 15, 2021, the court entered an order placing

him at Adelphoi’s secure residential facilities. The juvenile court also imposed

costs and restitution and ordered J.A.D.-B. to complete 32 hours of community

service.

J.A.D.-B. filed a timely post-dispositional motion seeking an arrest of

judgment and modification of his placement. The juvenile court denied J.A.D.-

-2- J-S16009-22

B.’s post-dispositional motion on November 5, 2021. The instant appeal

followed.2, 3

In his first claim, J.A.D.-B. challenges the sufficiency of the evidence. In

particular, J.A.D.-B. contends the Commonwealth failed to establish his

identity as a participant in the home invasion. See Appellant’s Brief at 11. He

acknowledges that D.B. admitted to his own participation in the burglary and

identified J.A.D.-B. as the second perpetrator. See id. at 12. However, J.A.D.-

B. asserts that D.B. provided several inconsistent statements. See id. at 12-

13. J.A.D.-B. also points to the victims’ inability to identify him and the lack

of physical evidence in the home. See id. at 13-14.

Further, J.A.D.-B. challenges the use of certain cell phone data during

his adjudicatory hearing. J.A.D.-B. argues that his communications with D.B.

2 The juvenile court took no action on J.A.D.-B.’s post-dispositional motion for several months. See Pa.R.J.C.P. 620(D)(1) (requiring a juvenile court to decide a post-dispositional motion “as soon as possible but within thirty days”). Once the thirty-day time period expires, the motion is deemed denied by operation of law, and Rule 620 requires the clerk of courts to enter an order on the court’s behalf. See Pa.R.J.C.P. 620(D)(1), (3). However, the clerk of courts did not enter such order or otherwise note on the docket that the motion was denied by operation of law. J.A.D.-B. filed his notice of appeal within 30 days after the juvenile court denied his post-dispositional motion; therefore, we will consider the instant appeal as timely filed. See Commonwealth v. B.H., 138 A.3d 15, 19 n.7 (Pa. Super. 2016).

3 During the pendency of this appeal, the juvenile court conducted a dispositional review hearing. On January 7, 2022, the court entered an order directing J.A.D.-B. to remain at Adelphoi’s secure residential facilities, but to transfer to Adelphoi’s intensive supervision group home after successfully completing three weekend visits with intensive supervision.

-3- J-S16009-22

and other juveniles had little value as circumstantial evidence and “was

dubious at best due to the significant credibility issues of D.B. ….” Id. at 14.

J.A.D.-B. additionally challenges the use of data taken from his cell phone’s

health app, which provided his step count from the night of burglary without

additional location data. See id. at 14-15.4

“An adjudication of delinquency requires the juvenile court to find that

the juvenile: (1) has committed a delinquent act and (2) is in need of

treatment, supervision, or rehabilitation.” Interest of C.B., 241 A.3d 677,

681 (Pa. Super. 2020) (emphasis omitted); see also 42 Pa.C.S.A. § 6341(b)

(explaining that the juvenile’s commission of a delinquent act must be

established beyond a reasonable doubt, and the court may find the juvenile is

in need of treatment, supervision, or rehabilitation by a preponderance of the

evidence).5

When a juvenile is charged with an act that would constitute a crime if committed by an adult, the Commonwealth must establish the elements of the crime by proof beyond a reasonable doubt. When considering a challenge to the sufficiency of the evidence following an adjudication of delinquency, we must review the entire record and view the evidence in the light most favorable to the Commonwealth.

4 We note that J.A.D.-B. did not contest the admissibility of this evidence; rather, he purports to challenge its use as circumstantial evidence solely within the context of his sufficiency claim.

5 Though J.A.D.-B. does not challenge the second required finding, we note that the juvenile court explicitly found him to be in need of rehabilitation, supervision, and treatment. See N.T., Non-Jury Trial, 6/25/21, at 413.

-4- J-S16009-22

In determining whether the Commonwealth presented sufficient evidence to meet its burden of proof, the test to be applied is whether, viewing the evidence in the light most favorable to the Commonwealth, and drawing all reasonable inferences therefrom, there is sufficient evidence to find every element of the crime charged. The Commonwealth may sustain its burden of proving every element of the crime beyond a reasonable doubt by wholly circumstantial evidence.

The facts and circumstances established by the Commonwealth need not be absolutely incompatible with a defendant’s innocence. Questions of doubt are for the hearing judge, unless the evidence is so weak that, as a matter of law, no probability of fact can be drawn from the combined circumstances established by the Commonwealth.

In re V.C., 66 A.3d 341, 348-49 (Pa. Super. 2013) (citation omitted).

J.A.D.-B. challenges only the evidence establishing his identity as one

of the perpetrators.6 In its Opinion and Order, the juvenile court thoroughly

addressed J.A.D.-B.’s sufficiency claim and concluded that it lacks merit. See

Opinion and Order, 11/5/21, at 2-6; see also generally Appellant’s Brief 11-

16 (acknowledging the same evidence but arguing it does not support the

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