Opinion
J-S78004-16 No. 931 WDA 2015
11-30-2016
COMMONWEALTH OF PENNSYLVANIA, Appellee v. DARNELL KIRK RUTHERFORD, JR., Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence Entered January 21, 2015
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0008728-2013 BEFORE: BENDER, P.J.E., OTT, J., and FITZGERALD, J. MEMORANDUM BY BENDER, P.J.E.:
Former Justice specially assigned to the Superior Court.
Appellant, Darnell Kirk Rutherford, Jr., appeals from the judgment of sentence of an aggregate term of 3½ to 7 years' incarceration, imposed after he was convicted of various offenses, including robbery of a motor vehicle. Appellant challenges the sufficiency and weight of the evidence to sustain his convictions. After careful review, we affirm.
We have examined the briefs of the parties, the certified record, and the applicable law. We have also reviewed the thorough opinion of the Honorable Edward J. Borkowski filed on March 14, 2016. In that decision, Judge Borkowski summarizes the pertinent facts and procedural history of Appellant's case, and then succinctly evaluates each of the issues (and various sub-claims) that Appellant raises on appeal. See Trial Court Opinion (TCO), 3/14/16, at 2-20. We conclude that Judge Borkowsi's well-reasoned opinion accurately disposes of the issues presented by Appellant; thus, we adopt his rationale as our own and affirm Appellant's judgment of sentence on that basis.
We note that Judge Borkowski also addresses several sentencing claims that Appellant has abandoned on appeal. See TCO at 20-26. We express no opinion on the propriety of Judge Borkowski's decision on those issues, as they are not before us.
Judgment of sentence affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 11/30/2016
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