Commonwealth v. Hall

Full title: COMMONWEALTH OF PENNSYLVANIA, Appellee v. BOBBY HALL, Appellant

Court: SUPERIOR COURT OF PENNSYLVANIA

Date published: Jun 18, 2019

No. 1027 WDA 2018 (Pa. Super. Ct. Jun. 18, 2019)

Opinion

J-S23012-19 No. 1027 WDA 2018

06-18-2019

COMMONWEALTH OF PENNSYLVANIA, Appellee v. BOBBY HALL, Appellant

MEMORANDUM BY BENDER, P.J.E.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered February 28, 2018
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0005761-2017 BEFORE: BENDER, P.J.E., NICHOLS, J., and COLINS, J.^* MEMORANDUM BY BENDER, P.J.E.:

* Retired Senior Judge assigned to the Superior Court.

Appellant, Bobby Hall, appeals from the judgment of sentence of an aggregate term of 2 years' probation, imposed after he was convicted, following a non-jury trial, of simple assault (18 Pa.C.S. § 2701(a)(1)) and official oppression (18 Pa.C.S. § 5301(1)). We affirm.

Appellant presents the following two issues for our review:

I. There was insufficient evidence to support the conviction for simple assault where the medical report stated that Michael Miller did not suffer any injuries and the Commonwealth failed to establish that Hall intended or attempted to cause any injury to Michael Miller, and the trial court erred in denying the post-sentence motion raising this claim.

II. There was insufficient evidence to support the conviction for official oppression where the Commonwealth failed to establish that Michael Miller was mistreated by [Appellant]

in [Appellant's] capacity as a corrections officer, where: (1) Michael Miller did not appear for trial and offer any supporting testimony; (b) the Commonwealth failed to offer into evidence any written prison policies and procedures to establish [Appellant's] conduct was unlawful; and (c) the Commonwealth failed to establish whether [Appellant] knowingly and illegally acted in bad faith in response to Michael Miller spitting in his face, and the trial court erred in denying the post-sentence motion raising this claim.

Appellant's Brief at 5.

We have reviewed the certified record, the briefs of the parties, and the applicable law. Additionally, we have reviewed the thorough and well-reasoned opinion of the Honorable Beth A. Lazzara of the Court of Common Pleas of Allegheny County. We conclude that Judge Lazzara's opinion accurately disposes of the issues presented by Appellant. Accordingly, we adopt her opinion as our own and affirm Appellant's judgment of sentence for the reasons set forth therein.

Judgment of sentence affirmed. Judgment Entered. /s/
Joseph D. Seletyn, Esq.
Prothonotary Date: 6/18/2019

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