Opinion
J-S37005-17 No. 136 MDA 2017
08-23-2017
COMMONWEALTH OF PENNSYLVANIA Appellee v. ROBERT LEE BEAVERS, JR. Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Dated December 20, 2016
In the Court of Common Pleas of the 39th Judicial District Franklin County Branch
Criminal Division at No: CP-28-CR-0002258-2012 BEFORE: STABILE, MOULTON, and MUSMANNO, JJ. MEMORANDUM BY STABILE, J.:
Appellant Robert Lee Beaver, Jr. appeals from the December 20, 2016 order of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch ("PCRA court"), which denied his request for collateral relief under the Post Conviction Relief Act (the "PCRA"), 42 Pa.C.S.A. §§ 9541-46. Upon review, we affirm.
The facts and procedural history of this case are undisputed. Briefly, a jury convicted Appellant of crimes in connection with his sexual abuse of his 10-year-old step-niece. On November 6, 2013, the trial court sentenced him to an aggregate term of 11 to 34 years' imprisonment. Appellant appealed to this Court. On November 18, 2014, a panel of this Court affirmed his judgment of sentence. Commonwealth v. Beavers , 113 A.3d 351 (Pa. Super. 2014) (unpublished memorandum). Our Supreme Court denied Appellant's petition for allowance of appeal on May 28, 2015. Commonwealth v. Beavers , 117 A.3d 294 (Pa. 2015).
Specifically, the jury found Appellant guilty of involuntary deviate sexual intercourse with a child, indecent assault of a child, corruption of minors, and simple assault of a child. See 18 Pa.C.S.A. §§ 3123(b), 3126(a)(7), 6301(a), and 2701(a)(1) and (b)(2), respectively.
On November 23, 2015, Appellant filed a pro se PCRA petition, raising, inter alia, claims of ineffective assistance of counsel. The PCRA court appointed counsel, who, on April 4, 2016, filed an amended petition, claiming that Appellant's trial counsel was ineffective in failing to call character witnesses. Following a hearing, on December 20, 2016, the PCRA court denied Appellant relief, concluding that, while Appellant's ineffectiveness claim had arguable merit, Appellant failed to establish the reasonable basis and prejudice prongs of the Pierce test.
Commonwealth v. Pierce , 527 A.2d 973 (Pa. 1987).
Appellant timely appealed to this Court. The PCRA court directed Appellant to file a Pa.R.A.P. 1925(b) statement of errors complained of on appeal. Appellant complied, raising a single assertion of error:
[I.] Whether the [PCRA] court's finding that trial counsel's failure to call character witnesses during [Appellant's] jury trial did not amount to ineffective assistance of counsel, and subsequent denial of [Appellant's] petition for post-conviction collateral relief, is supported by the record and free from legal error where three character witnesses were present and willing to testify at trial, known to trial counsel, knew [Appellant's] reputation in
community, and would have bolstered defense counsel's trial strategy?Rule 1925(b) Statement, 2/6/17. In response, on February 7, 2017, the PCRA court issued a Pa.R.A.P. 1925(a) opinion, largely adopting its December 20, 2016 opinion.
On appeal, Appellant repeats the same ineffectiveness claim. After careful review of the record and the relevant case law, we conclude that the PCRA court accurately and thoroughly addressed Appellant's ineffectiveness claim. See PCRA Court Opinion, 12/20/16, at 7-28; PCRA Court Rule 1925(a) Opinion, 2/7/17, at 4. Accordingly, we affirm the PCRA court's December 20, 2016 order. We further direct that a copy of the PCRA court's December 20, 2016 opinion and its February 7, 2017 Rule 1925(a) opinion be attached to any future filings in this case.
"In reviewing the denial of PCRA relief, we examine whether the PCRA court's determination 'is supported by the record and free of legal error.'" Commonwealth v. Fears , 86 A.3d 795, 803 (Pa. 2014) (quoting Commonwealth v. Rainey , 928 A.2d 215, 223 (Pa. 2007)). --------
Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 8/23/2017
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