In the Interest of T.B.

11 A.3d 500, 2010 Pa. Super. 197, 2010 Pa. Super. LEXIS 3267
CourtSuperior Court of Pennsylvania
DecidedOctober 26, 2010
StatusPublished
Cited by49 cases

This text of 11 A.3d 500 (In the Interest of T.B.) 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 T.B., 11 A.3d 500, 2010 Pa. Super. 197, 2010 Pa. Super. LEXIS 3267 (Pa. Ct. App. 2010).

Opinion

OPINION BY

BOWES, J.:

This is an appeal from the dispositional order of the Court of Common Pleas of Philadelphia County entered following Appellant’s adjudication of delinquency based on his commission of acts constituting four incidents each of burglary, conspiracy, possession of an instrument of crime (“PIC”), and one instance of receiving stolen property (“RSP”). We reverse and remand.

The relevant facts of this case are as follows. On February 21, 2008, Philadelphia Police Officer Scott Gill and his partner were notified that a 2003 white Lincoln Town Car, which had been reported stolen, was being operated in the area of the 1100 block of Alcott Street. The officers responded to the area and observed Appellant driving the Lincoln. The officers followed Appellant until he entered a gas station and they placed him under arrest. Appellant, who was fifteen years old, was held in a juvenile holding facility.

At that time, Detective Joseph Baird was investigating Appellant’s possible involvement in numerous burglaries in the area. Three days prior to Appellant’s arrest, a different detective spoke with Appellant’s mother and requested permission to speak with Appellant about the burglaries. Appellant’s mother indicated that she would attempt to arrange for Appellant to speak with the police. Upon learning of Appellant’s arrest, Detective Baird contacted Appellant’s mother and obtained permission to speak with Appellant about the burglaries and the stolen Lincoln. The record does not indicate that Detective Baird discussed Appellant’s Miranda rights with Appellant’s mother at any time.

Approximately two hours after the police placed Appellant in the holding cell, Detective Baird interviewed Appellant. Prior to beginning the interview, Detective Baird verbally provided Appellant with his Miranda warnings. The officer also supplied Appellant with a printed copy of the Miranda warnings, which Appellant initialed, signed, and dated. After the police provided Appellant with his Miranda warnings, Appellant indicated that he understood his rights and waived his right to [503]*503counsel. Thereafter, Appellant admitted that he and another individual named Steven Hayes committed burglaries at four separate residences. Appellant identified a photograph of Mr. Hayes and named a location where Mr. Hayes could be located. However, Appellant denied stealing the Lincoln and claimed that he bought the vehicle for $500.

According to Appellant, he knocked on the doors of the houses and/or rang the doorbell to determine whether anyone was at home. He then acted as a lookout while Mr. Hayes forcibly entered the residences utilizing a crowbar. Appellant acknowledged that the burglaries occurred between 11:00 a.m. and 3:00 p.m. and that Mr. Hayes paid him after taking the stolen items to a pawnshop or selling the items on the street. Appellant also indicated a third person was involved, but he refused to identify that individual. Subsequently, Appellant filed a motion to suppress his inculpatory statements.

At the suppression hearing the parties stipulated that Appellant’s I.Q. was sixty-seven, he read at a third grade level, and that this arrest was his first. Following the hearing, the suppression court denied Appellant’s motion to suppress and immediately held an adjudicatory hearing. At the conclusion of that hearing, the court adjudicated Appellant delinquent. Thereafter, on June 12, 2008, the court committed Appellant to St. Gabriel’s Hall. This appeal followed, wherein Appellant raises four questions for our review.

1.Was not the evidence insufficient to sustain the verdicts of guilt
2. Did not the Commonwealth fail to established [sic] a corpus delicti for the burglaries at 1105 Alcott Street and 1036 Van Kirk [S]treet, prior to utilizing [Appellant’s] statement to establish guilt?
3. Did not the lower court err in denying [Appellant’s] motion to suppress his statement, where the Commonwealth failed to meet its burden of proof that [Appellant’s] Miranda waiver and subsequent statement was knowing, intelligent and voluntary under both the Pennsylvania and federal constitutions, where: defendant was only fifteen years of age, reading at a third grade level with an IQ of sixty-seven, was inexperienced with the criminal justice system, and was not given the opportunity to consult with or have an informed[,] interested adult present?
4. Did not the [Appellant] receive ineffective assistance of counsel when counsel (after investigation and consultation with a witness) failed to call the witness who was willing and able to testify that she is [Appellant’s] mother and was never asked for permission to speak to her son by the police while he was in custody, nor did she give the police permission to do so?

Appellant’s brief at 4 (footnote added).

Appellant’s first contention is that the evidence was insufficient to sustain his adjudication of delinquency on two of the four counts of burglary. According to Appellant, since the Commonwealth failed to present testimony regarding ownership and non-permission to enter the premises regarding the burglaries at 1105 Alcott Street and 1036 Van Kirk Street, it did not establish the elements of burglary.

[504]*504In reviewing a challenge to the sufficiency of the evidence, we must determine whether, viewing all the evidence admitted at trial, together with all reasonable inferences therefrom, in the light most favorable to the Commonwealth, the trier of fact could have found that each element of the offense charged was supported by evidence and inferences sufficient in law to prove guilt beyond a reasonable doubt. This standard is equally applicable to cases where the evidence is circumstantial rather than direct so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt. Moreover, it is the province of the trier of fact to pass upon the credibility of witnesses and the weight to be accorded the evidence produced. The factfinder is free to believe all, part or none of the evidence. The facts and circumstances established by the Commonwealth need not be absolutely incompatible with the defendant’s innocence, but the question of any doubt is for the [factfinder] unless the evidence be so weak and inconclusive that as a matter of law no probability of fact can be drawn from the combined circumstances.

Commonwealth v. AW.C., 951 A.2d 1174, 1177 (Pa.Super.2008).

18 Pa.C.S. § 3502, burglary, provides:

(a) Offense defined. — A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter.

18 Pa.C.S. § 3502(a). The Commonwealth may prove ownership and non-permission to enter circumstantially.

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

Related

In the Int. of: N.H., Appeal of: N.H.
Superior Court of Pennsylvania, 2025
Com. v. Vaupel, D.
Superior Court of Pennsylvania, 2025
Com. v. Strunk, S.
Superior Court of Pennsylvania, 2022
Com. v. Sargent, R.
Superior Court of Pennsylvania, 2021
Com. v. Moore, M.
Superior Court of Pennsylvania, 2020
In the Interest of: N.M. Appeal of: N.M.
2019 Pa. Super. 330 (Superior Court of Pennsylvania, 2019)
Commonwealth v. Smith
210 A.3d 1050 (Superior Court of Pennsylvania, 2019)
Com. v. Hughes, P.
Superior Court of Pennsylvania, 2019
In Re: J.C., Appeal of: J.C.
Superior Court of Pennsylvania, 2019
Com. v. Sickenberger, J.
Superior Court of Pennsylvania, 2019
In the Interest of: J.N.W., a Minor
197 A.3d 274 (Superior Court of Pennsylvania, 2018)
Com. v. Vazquez, J.
Superior Court of Pennsylvania, 2018
Com. v. Prioleau, O.
Superior Court of Pennsylvania, 2018
Com. v. Lewis, J.
Superior Court of Pennsylvania, 2017
In the Interest of: N.B., a Minor, Appeal of Comm.
Superior Court of Pennsylvania, 2017
Com. v. Lookingbill, J.
Superior Court of Pennsylvania, 2016
Com. v. Green, J.
Superior Court of Pennsylvania, 2016
In Re: C.W., Juvenile Appeal of: C.W., Juveni
Superior Court of Pennsylvania, 2016
Com. v. Lawrence, B.
Superior Court of Pennsylvania, 2016
In the Interest of: J.R., a Minor
Superior Court of Pennsylvania, 2016

Cite This Page — Counsel Stack

Bluebook (online)
11 A.3d 500, 2010 Pa. Super. 197, 2010 Pa. Super. LEXIS 3267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-tb-pasuperct-2010.