In the Interest of J.M.

89 A.3d 688
CourtSuperior Court of Pennsylvania
DecidedApril 7, 2014
StatusPublished
Cited by29 cases

This text of 89 A.3d 688 (In the Interest of J.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
In the Interest of J.M., 89 A.3d 688 (Pa. Ct. App. 2014).

Opinion

OPINION BY

STRASSBURGER, J.:

J.M. (Appellant), a minor,1 appeals from the dispositional order entered on May 17, 2013, after the juvenile court adjudicated him delinquent for committing sexual assault and aggravated indecent assault.2 We affirm.

The background underlying this matter can be summarized as follows. Appellant and B.A., a female minor, attended high school together and were acquainted. On September 22, 2011, Appellant and M.L., a male minor, met B.A. in the evening hours. The trio ended up walking to a section of woods. M.L. eventually left Appellant and B.A. Thereafter, Appellant and B.A. had an encounter of a sexual nature. B.A. later reported that that encounter was not consensual. After an investigation, the Commonwealth charged Appellant with several offenses, including those mentioned above.

The juvenile court held a hearing on March 18, 2013. B.A., Detective Brian O’Melko, Appellant, B.A.’s mother, and B.A.’s aunt testified at the hearing. At the conclusion of the hearing, the court determined that Appellant committed the offenses noted above. On May 17, 2013, the juvenile court adjudicated Appellant delinquent and entered a dispositional order which subjected Appellant to probation with conditions.

Appellant timely filed a post-dispositional motion, which the juvenile court denied. Appellant timely filed a notice of appeal. The court did not order Appellant to comply with Pa.R.A.P. 1925(b); Appellant, however, filed a Pa.R.A.P. 1925(b) statement. The juvenile court later issued a Pa.R.A.P. 1925(a) opinion wherein it responded to Appellant’s Pa.R.A.P. 1925(b) statement by relying on its opinion in support of its order denying Appellant’s post-dispositional motion.

In his brief to this Court, Appellant asks us to consider the following questions.

[1.] Did the [juvenile court] err in adjudicating Appellant delinquent as the decision of the [c]ourt was not supported by sufficient evidence?
[2.] Was the decision of the [juvenile court] adjudicating Appellant delinquent against the weight of the evidence?
[3.] Was [] Appellant prejudiced by the delay in his case and the registration requirements imposed on him in this matter?

Appellant’s Brief at 5 (suggested answers omitted).

The juvenile court determined that Appellant violated 18 Pa.C.S. §§ 3124.1 and 3125(a)(1). Section 3124.1 provides, in pertinent part, “[A] person commits a felony of the second degree when that person engages in sexual intercourse or deviate [691]*691sexual intercourse with a complainant without the complainant’s consent.” 18 Pa.C.S. § 3124.1. Subsection 3125(a)(1) states, in relevant part, “[A] person who 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 commits aggravated indecent assault if ... the person does so without the complainant’s eon-sent[J” 18 Pa.C.S. § 3125(a)(1).

Appellant’s first issue challenges the sufficiency of the evidence presented by the Commonwealth at his hearing. Appellant concedes that he had a sexual encounter with B.A. Appellant’s Brief at 12. He, however, argues that the Commonwealth failed to offer sufficient evidence to establish that the encounter was not consensual. Id. While Appellant acknowledges that B.A. testified that the encounter was not consensual, id. at 13, he dedicates a substantial portion of his argument attempting to undermine B.A.’s credibility. Id. at 12-13.

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. In applying the above test, we may not weigh the evidence and substitute our judgment for the fact-finder. Moreover, we must defer to the credibility determinations of the [juvenile] court, as these are within the sole province of the finder of fact. The trier of fact, while passing upon the credibility of witnesses, is free to believe all, part, or none of the evidence.

In re T.G., 836 A.2d 1003, 1005 (Pa.Super.2003) (citations omitted).

At Appellant’s hearing, B.A. testified that, soon after M.L. left her and Appellant in the woods, Appellant put his hand on her chest and laid her down. N.T., 3/18/2013, at 9. She told Appellant to stop, and he said that she should know that he does not take no for an answer. Id. at 9-10. According to B.A., Appellant unbuttoned his pants and then her pants.3 Id. at 10. B.A. stated that she kept telling Appellant to stop, but Appellant “put his penis in [her] vagina.” Id. B.A. later recalled that Appellant also placed his fingers in her vagina despite her asking him to stop. Id. at 12-13. Appellant also testified at the hearing. Appellant admitted to having sex with B.A. but asserted that B.A. consented to the sex. Id. at 79-80.

After the parties presented all of their evidence and arguments, the juvenile court stated, inter alia, “[T]he bottom line in this case comes back to the testimony of the alleged victim and the juvenile.” Id. at 99. The court then found B.A.’s testimony to be credible and Appellant’s testimony to be incredible. The court, thus, concluded that Appellant committed sexual assault and aggravated indecent assault.

As we noted above, the juvenile court was free to believe all, part, or none of the evidence, and we must defer to the court’s credibility determinations. Thus, when this evidence is viewed in a light most favorable to the Commonwealth, it establishes that B.A. did not consent to Appellant placing his fingers and penis inside of her vagina. Consequently, Appellant’s first issue warrants no relief.

[692]*692Appellant next argues that his adjudication of delinquency is contrary to the weight of the evidence. In so doing, Appellant highlights inconsistencies in B.A.’s testimony. Appellant’s Brief at 15-18. The crux of Appellant’s argument is that B.A.’s testimony was incredible. Id. at 18

[W]e may only reverse the [juvenile] court’s [adjudication of delinquency] if it is so contrary to the evidence as to shock one’s sense of justice. Moreover, where the [ ] court has ruled on the weight claim below, an appellate court’s role is not to consider the underlying question of whether the verdict is against the weight of the evidence. Rather, appellate review is limited to whether the [juvenile] court palpably abused its discretion in ruling on the weight claim.
Hence, a [juvenile] court’s denial of a weight claim is the least assailable of its rulings. Conflicts in the evidence and contradictions in the testimony of any witnesses are for the fact finder to resolve ....

In re C.S., 63 A.3d 351, 357 (Pa.Super.2013) (citations and quotation marks omitted).

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Bluebook (online)
89 A.3d 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jm-pasuperct-2014.