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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
ANTHONY CHARLES PERRELLI
Appellant No. 1877 MDA 2013
Appeal from the Judgment of Sentence September 24, 2013
In the Court of Common Pleas of Cumberland County
Criminal Division at No(s): CP-21-CR-0003141-2012
BEFORE: SHOGAN, J., LAZARUS, J., and MUSMANNO, J.
MEMORANDUM BY LAZARUS, J.: FILED SEPTEMBER 09, 2014
Anthony Charles Perrelli appeals from the judgment of sentence
imposed by the Court of Common Pleas of Cumberland County, after a jury
found him guilty of two counts of recklessly endangering another person1
and one count of propulsion of missiles into an occupied vehicle. 2 The judge
further found Perrelli guilty of the summary offense of criminal mischief.3
On June
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1
18 Pa.C.S. § 2705.
2
18 Pa.C.S. § 2707(a).
3
18 Pa.C.S. § 3304(a)(3).
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Perrelli began to argue, and the argument continued as Lang and her son
got into her car to leave. As Lang put the car in reverse, Perelli threw a rock
through her rear windshield. The rock was approximately the size of a
baseball and shattered the windshield, spraying glass throughout the
vehicle. Lang called the police, and Officer Brandon Stolley of the Hampden
Township Police responded. The officer interviewed Perrelli, who denied
throwing anything. It was not until several months later, after a preliminary
hearing, that Perrelli called Officer Stolley to tell him that he had thrown the
rock in self-defense.
On May 13, 2013, Perrelli was convicted of the above-referenced
offenses. The trial court sentenced Perrelli to an aggregate term of 1 to 5
-sentence
motion seeking modification of sentence, and on September 24, 2013, the
probation. This appeal followed.
On appeal, Perrelli challenges the weight of the evidence supporting
his conviction. Specifically, Perrelli contends that the Commonwealth did not
meet its burden of disproving the defense of justification. Our review of the
record reveals that Perrelli has waived this claim.
In order to preserve a challenge to the weight of the evidence, an
appellant must present this issue to the trial judge in a motion for a new
trial, either orally prior to sentencing, by written motion prior to sentencing,
or in a post-sentence motion. Pa.R.Crim.P. 607. Absent such efforts, a
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challenge to the weight of the evidence is waived. Commonwealth v.
Barnhart, 933 A.2d 1061, 1066 (Pa. Super. 2007).
Upon review of the record, we conclude Perrelli made no such
the verdict was against the weight of the evidence is waived.4 Id.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/9/2014
____________________________________________
4
Even if Perrelli had preserved his weight of the evidence claim, it is
sical evidence
observed at the scene and other witness testimony. In light of the
Commonwealth meeting its burden of proof and Perrelli failing to present an
adequate defense of justification, the trial court properly concluded the
verdict was not so cont
justice.
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