Opinion
J. S69026/15 No. 275 EDA 2015
02-26-2016
IN THE INTEREST OF: Q.S., A MINOR APPEAL OF: Q.S., Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Dispositional Order, October 15, 2014, in the Court of Common Pleas of Philadelphia County
Juvenile Division at No. CP-51-JV-0002385-2014 BEFORE: GANTMAN, P.J., FORD ELLIOTT, P.J.E., AND OLSON, J. JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.:
This appeal arises from an adjudicatory hearing which found appellant delinquent for commission of a robbery, graded as a felony of the first degree, and directed placement at a juvenile residential treatment facility. The only properly raised issue on appeal is a challenge to the sufficiency of the evidence of robbery. We affirm on the careful and well-reasoned opinion of the Honorable Abram Frank Reynolds which was filed on April 8, 2015.
Appellant did not file a Rule 1925(b) statement with the juvenile court although ordered to do so. We could find his sufficiency claim waived; however, this failure constitutes ineffectiveness per se. Pa.R.A.P. Rule 1925(a)(3). Commonwealth v. Scott , 952 A.2d 1190 (Pa.Super. 2008). Instantly, the juvenile court has thoroughly addressed the sufficiency claim in its opinion, and therefore a remand is not necessary.
Additionally, appellant appears, within the context of a sufficiency claim, to raise an issue as to alleged tainted identification by the victim. Although we find this issue waived for failure to properly raise the challenge in a suppression motion below, we find the totality of the evidence demonstrates that the victim's identification of appellant from a single photo was not so suggestive as to taint the subsequent photo array or the independent in-court identification. This victim had adequate time to observe appellant at the time of the encounter on the street, and gave a clear description to the police regarding appellant's appearance and his unique speech pattern prior to being shown the photo of a person known to police as fitting the same description.
Adjudication of delinquency is affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 2/26/2016
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