Opinion
J-S51016-19 No. 1999 MDA 2018
10-28-2019
COMMONWEALTH OF PENNSYLVANIA Appellee v. HEATH ZACHARY Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence Entered November 15, 2018
In the Court of Common Pleas of Dauphin County
Criminal Division at No(s): CP-22-CR-0004128-2017 BEFORE: PANELLA, P.J., GANTMAN, P.J.E., and MUSMANNO, J. MEMORANDUM BY GANTMAN, P.J.E.:
Appellant, Heath Zachary, appeals from the judgment of sentence entered in the Dauphin County Court of Common Pleas, following his jury trial convictions for aggravated assault, conspiracy to commit aggravated assault, robbery, and conspiracy to commit robbery. We affirm.
18 Pa.C.S.A. §§ 2702(a)(1), 903 (section 2702 related), 3701(a)(1), and 903 (section 3701 related), respectively. --------
In its opinion, the trial court fully and correctly sets forth the relevant facts and procedural history of this case. Therefore, we have no reason to restate them.
Appellant raises three issues for our review:
WHETHER THE EVIDENCE WAS INSUFFICIENT TO PROVE APPELLANT GUILTY OF CONSPIRACY TO COMMIT AGGRAVATED ASSAULT AND CONSPIRACY TO COMMIT ROBBERY, AS THERE WAS INSUFFICIENT EVIDENCE TO
PROVE THAT APPELLANT CONSPIRED WITH ANOTHER PARTY TO ASSAULT AND ROB...VICTIM[?](Appellant's Brief at 4).
WHETHER THE EVIDENCE WAS INSUFFICIENT TO PROVE THAT APPELLANT COMMITTED THE CRIME OF ROBBERY, IN THAT THE EVIDENCE WAS CLEAR THAT ANOTHER, UNIDENTIFIED INDIVIDUAL TOOK...VICTIM'S PROPERTY AND THERE WAS INSUFFICIENT EVIDENCE PRESENTED THAT APPELLANT ACTED AS AN ACCOMPLICE[?]
WHETHER THE EVIDENCE WAS INSUFFICIENT TO PROVE BEYOND A REASONABLE DOUBT THAT APPELLANT WAS GUILTY OF AGGRAVATED ASSAULT, IN THAT THE COMMONWEALTH FAILED TO ESTABLISH THAT APPELLANT ATTEMPTED TO CAUSE SERIOUS BODILY INJURY TO...VICTIM[?]
After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable Richard A. Lewis, P.J., we conclude Appellant's issues merit no relief. The trial court opinion comprehensively discusses and properly disposes of the questions presented. ( See Trial Court Opinion, filed February 13, 2019, at 4-8) (finding: ample testimony showed Victim sustained serious bodily injury to her face; evidence indicated Appellant and his cohort targeted Victim at bar, followed her out of bar, assaulted her, and stole her purse; police apprehended Appellant at scene of assault, where Appellant was covered in blood; thus, evidence was sufficient to convict Appellant of aggravated assault and conspiracy to commit aggravated assault; further, Victim testified that while she was at bar with her purse, two men approached her; testimony indicated two eyewitnesses saw Appellant assaulting Victim, while other male took Victim's purse and ran; thus, evidence was sufficient at trial to sustain Appellant's convictions for robbery and conspiracy to commit robbery). Accordingly, we affirm on the basis of the trial court opinion.
Judgment of sentence affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 10/28/2019
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