Opinion
J-S09032-18 No. 1006 MDA 2017
03-06-2018
COMMONWEALTH OF PENNSYLVANIA Appellee v. JEFFREY SCOTT POWELL Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence June 13, 2017
In the Court of Common Pleas of Cumberland County
Criminal Division at No(s): CP-21-CR-0000050-2017 BEFORE: GANTMAN, P.J., McLAUGHLIN, J., and PLATT, J. MEMORANDUM BY GANTMAN, P.J.:
Retired Senior Judge assigned to the Superior Court. --------
Appellant, Jeffrey Scott Powell, appeals from the judgment of sentence entered in the Cumberland County Court of Common Pleas, following his jury trial conviction of simple assault and court conviction of two counts of harassment. We affirm.
18 Pa.C.S.A. §§ 2701, 2709, respectively.
In its opinion, the trial court correctly set forth the facts and procedural history of this case. Therefore, we have no reason to restate them.
Appellant raises the following issue for our review:
WAS THERE INSUFFICIENT EVIDENCE TO PROVE BEYOND A REASONABLE DOUBT THAT [APPELLANT]'S USE OF
FORCE WAS NOT JUSTIFIED PURSUANT TO SECTION 505 OF THE CRIMES CODE?(Appellant's Brief at 6).
After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable Jessica E. Brewbaker, 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 August 3, 2017, at 1-7) (finding: jury found testimony of Victim and Ms. Easy more credible than Appellant's testimony; jury dismissed Appellant's claim of self-defense, likely in light of testimony that Appellant was initial attacker; no evidence contradicted jury's determination). Accordingly, we affirm based on the trial court opinion.
Judgment of sentence affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 03/06/2018
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