Opinion
J-S20044-18 No. 1487 MDA 2017
05-03-2018
COMMONWEALTH OF PENNSYLVANIA Appellee v. BRYCE BEAVER Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence September 20, 2017
In the Court of Common Pleas of Schuylkill County
Criminal Division at No(s): CP-54-CR-0002122-2016 BEFORE: GANTMAN, P.J., OTT, J., and KUNSELMAN, J. MEMORANDUM BY GANTMAN, P.J.:
Appellant, Bryce Beaver, appeals from the judgment of sentence entered in the Schuylkill County Court of Common Pleas, following his jury trial conviction for resisting arrest and bench trial conviction for disorderly conduct. We affirm.
18 Pa.C.S.A. §§ 5104; 5503(a)(2), respectively.
In its opinion, the trial court accurately set forth the relevant facts and procedural history of this case. Therefore, we have no reason to restate them.
Appellant raises one issue for our review:
WAS THE EVIDENCE PRESENTED BY THE COMMONWEALTH SUFFICIENT TO SUPPORT A VERDICT OF RESISTING ARREST?(Appellant's Brief at 4).
After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable Jacqueline L. Russell, we conclude Appellant's issue merits no relief. The trial court opinion comprehensively discusses and properly disposes of the question presented. ( See Trial Court Opinion, filed November 22, 2017, at 1-4) (finding: Officers Bowman and Moyer were dispatched around 2:00 a.m. on June 29, 2016, to respond to noise complaint; upon arrival, officers observed Appellant pacing, flailing his arms, and screaming incoherently; officers tried to talk to Appellant, but he was screaming, rambling, and talking very fast; despite officers' requests, Appellant kept fidgeting and placing his hands in his pockets; officers asked Appellant to stop reaching in his pockets, but Appellant would not comply; officers told Appellant he was being arrested for disorderly conduct and to place his hands on patrol car; after Appellant complied, he then pushed off of car, shoving his head into Officer Bowman's chest; officers placed Appellant in patrol car, with difficulty, but they were unable to fasten Appellant's seatbelt due to his combative behavior; Appellant kicked vehicle divider and banged his head on rear of car; at police station, Appellant banged his head on cement wall, flailed his arms, and screamed; officers had to call for additional assistance to restrain Appellant; Commonwealth presented sufficient evidence to sustain Appellant's conviction for resisting arrest). Accordingly, we affirm on the basis of the trial court's opinion.
Judgment of sentence affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 5/3/2018
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