J-A17046-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
SEAN P. GALLAGHER,
Appellant No. 2064 EDA 2015
Appeal from the Judgment of Sentence June 9, 2015
in the Court of Common Pleas of Montgomery County
Criminal Division at No.: CP-46-CR-0000780-2014
BEFORE: GANTMAN, P.J., LAZARUS, J., and PLATT, J.*
MEMORANDUM BY PLATT, J.: FILED SEPTEMBER 01, 2016
Appellant, Sean P. Gallagher, appeals from the judgment of sentence
imposed following his bench conviction of driving under the influence of
alcohol (DUI).1 We affirm.
The trial court summarized the facts of this case as follows:
On November 23, 2013, at approximately 1:00 a.m.,
Appellant arrived at Hattrick’s Bar in Hatfield Township with his
roommate, Tim Hosak. Appellant consumed alcohol at Hattrick’s
Bar until he left at approximately 2:15 a.m. As Appellant was
leaving the Hattrick’s parking pot, Appellant’s vehicle rolled back
and struck Kelly Fiorvanti’s[2] white Volvo station wagon, driven
by James Contrervo[, Fiorvanti’s then-partner]. Appellant failed
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*
Retired Senior Judge assigned to the Superior Court.
1
75 Pa.C.S.A. § 3802(a)(1).
2
Fiorvanti’s surname is alternately spelled “Fioravanti” in the record. For
clarity and consistency, we have adopted the trial court’s spelling.
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to stop his car upon impact and continued driving. Mr.
Contrervo followed Appellant out of the Hattrick’s parking lot and
confronted Appellant about striking Ms. Fiorvanti’s vehicle.
Eventually, both parties pulled into the Hatfield Pizza parking lot.
After a brief argument, Mr. Contrervo assaulted Appellant and
used Ms. Fiorvanti’s vehicle to push Appellant’s car over a
concrete curb.[3]
After Mr. Contrervo left, Appellant got back into his
vehicle, drove home and called the police. Corporal Michael
Sloan (“Cpl. Sloan”) of the Hatfield Township Police Department
arrived at Appellant’s residence around 2:38 a.m. Appellant told
Cpl. Sloan that while returning from a friend’s house, he was
rear[-]ended by a white Volvo and then assaulted by the driver.
While they were talking, Cpl. Sloan noticed that Appellant
appeared intoxicated, smelled of alcohol and was slurring his
speech. Cpl. Sloan then asked Appellant to accompany him so
that he could identify Mr. Contrervo, who had been stopped by
Officer [Kevin] Fox. While Cpl. Sloan was driving Appellant to
Mr. Contrervo’s location, the odor of alcohol emanating from
Appellant forced him to roll down the windows in his vehicle.
After Appellant identified Mr. Contrervo as his assailant,
Cpl. Sloan was informed by Ms. Fiorvanti that she saw Appellant
in Hattrick’s Bar. Appellant then admitted to Cpl. Sloan that he
was at Hattrick’s Bar. Cpl. Sloan also spoke with Michael
Bagnell, a bartender at Hattrick’s Bar, who stated that Appellant
purchased multiple drinks. Subsequently, Cpl. Sloan requested
that Appellant perform field sobriety tests. Appellant’s
performance on the field sobriety tests further indicated to Cpl.
Sloan that Appellant was intoxicated. Appellant was then
arrested for DUI and taken to Towamencin Police Department for
a breath test.
Once Appellant arrived at the Towamencin Police
Department Fast Track Center, Sergeant Robert Baer, of the
Montgomery County Sheriff’s Office, began the breath testing
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3
Portions of the incident were captured on videotape surveillance footage.
(See N.T. Trial, 1/08/15, at 14, 25, 44; N.T. Trial, 4/13/15, at 66-67).
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procedures. Sergeant Baer read Appellant the O’Connell[4]
Warnings, contained in the DL-26 [implied consent] form. After
many opportunities to sign the form and consent to testing,
Appellant refused the test.
(Trial Court Opinion, 10/26/15, at 1-2) (footnote omitted).
Appellant proceeded to a bench trial on January 8, 2015, and the trial
was continued after the Commonwealth completed its case in chief due to
timing issues. Trial resumed on April 13, 2015, and the court found
Appellant guilty of DUI (second offense, refusal). On June 9, 2015, it
sentenced him to a term of not less than ninety days nor more than six
months’ incarceration. This timely appeal followed.5
Appellant raises the following issues and sub-issues for our review:
I. Did the trial court violate [Appellant’s] constitutional right to
confront witnesses, guaranteed by the Sixth Amendment of the
United States Constitution, by limiting trial counsel’s cross-
examination of Ms. Fior[]vanti, Cpl. Sloan, and [Officer] Fox?
II. Did the trial court abuse its discretion, through a
misapplication of law, in the following evidentiary rulings, and
did [Appellant] suffer prejudice as a result of this misapplication
of law?
(A) excluding [Appellant] from introducing
photographs, taken by [Officer] Fox[] documenting
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4
Commonwealth Dep’t of Transp., Bureau of Traffic Safety v.
O’Connell, 555 A.2d 873 (Pa. 1989).
5
The court granted counsel for Appellant leave to withdraw, and newly-
appointed counsel filed a timely final concise statement of errors complained
of on appeal on September 21, 2015, in which she incorporated by reference
a number of issues raised in previously filed statements. The court entered
an opinion on October 26, 2015. See Pa.R.A.P. 1925.
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[Appellant’s] injuries at the time he was perceived to
be intoxicated, and
(B) permitting the Commonwealth to cross-examine
[Appellant] concerning his character for peacefulness
on the theory that [Appellant] had “opened the door”
when he responded to the Commonwealth’s
immediately prior question concerning his character
for peacefulness?
III. Did the trial court abuse its discretion, through a
misapplication of law, by permitting the Commonwealth, during
its closing argument, to give a medical opinion as to whether the
specific injuries suffered by [Appellant] constituted “traumatic
brain injury,” where the Commonwealth had never attempted to
call an expert witness to provide such a medical opinion, and
was [Appellant] prejudiced as a result of this misapplication of
law?
(Appellant’s Brief, at 10).
In Appellant’s first issue, which is tri-part, he argues the trial court
violated his right to confront witnesses, guaranteed by the Sixth Amendment
to the United States Constitution, by limiting defense counsel’s cross-
examination of Ms. Fiorvanti, Cpl. Sloan, and Officer Fox. (See Appellant’s
Brief, at 23). We will discuss his claims relating to each individual seriatim.
We begin by addressing Appellant’s claim with respect to Ms. Fiorvanti.
Appellant argues the court erred in preventing defense counsel from cross-
examining Fiorvanti regarding any bias she harbored against Appellant
because of her relationship with Contrervo. (See id. at 23-27). The trial
court determined Appellant waived this claim for failure to raise it with
specificity in his Rule 1925(b) statement. (See Trial Ct. Op., at 7). After
review, we agree.
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Pennsylvania Rule of Appellate Procedure 1925(b)(4) provides in
pertinent part: “The Statement shall concisely identify each ruling or error
that the appellant intends to challenge with sufficient detail to identify all
pertinent issues for the judge.” Pa.R.A.P. 1925(b)(4)(ii). “Issues not
included in the Statement and/or not raised in accordance with the
provisions of this paragraph (b)(4) are waived.” Pa.R.A.P. 1925(b)(4)(vii).
“[A] Concise Statement which is too vague to allow the court to identify the
issues raised on appeal is the functional equivalent of no Concise Statement
at all.” Commonwealth v. Freeman, 128 A.3d 1231, 1248 (Pa. Super.
2015) (citations omitted) (finding issue waived for appellant’s failure to raise
it with specificity in Rule 1925(b) statement).
Here, in his Rule 1925(b) statement, Appellant vaguely asserts trial
court error in “[l]imiting the cross-examination of Kelly Fiorvanti, the only
witness who claims she saw [Appellant] drinking an alcoholic beverage
before he drove.” (See Rule 1925(b) Statement, 8/03/15, at unnumbered
page 1 ¶ 3). Appellant does not identify how the court purportedly
improperly limited cross-examination of Fiorvanti, and he makes no mention
of her potential bias due to her relationship with Mr. Contrervo. (See id.).
As the trial court notes, the Commonwealth objected several times during
defense counsel’s cross-examination of Fiorvanti, and Appellant failed to
identify which of the court’s rulings he wished to challenge in his Rule
1925(b) statement. (See Trial Ct. Op., at 7; see also N.T. Trial 1/08/15, at
29-36). Thus, we conclude Appellant waived his claim pertaining to cross-
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examination of Fiorvanti. See Pa.R.A.P. 1925(b)(4)(ii), (vii); Freeman,
supra at 1248.
We next address Appellant’s claim regarding Cpl. Sloan, in which he
argues the trial court erred in failing to permit defense counsel to cross-
examine the corporal as to whether he had observed Appellant operating his
vehicle unsafely. (See Appellant’s Brief, at 27-30). Appellant maintains
that this questioning was warranted because Cpl. Sloan had testified on
direct examination to his opinion that “[Appellant] was in fact incapable of
safe driving.” (Id. at 27 (quoting N.T. Trial, 1/08/15, at 81); see id. at 28).
He claims “the fact that Cpl. Sloan had not seen [Appellant] drive, while not
dispositive on [his] guilt, directly addressed Cpl. Sloan’s prior testimony that
he believed [Appellant] incapable of safe driving.” (Id. at 30). This
argument does not merit relief.
“The Confrontation Clause of the Sixth Amendment, made applicable
to the States via the Fourteenth Amendment, provides that ‘[i]n all criminal
prosecutions, the accused shall enjoy the right . . . to be confronted with the
witnesses against him. . . .’” Commonwealth v. Yohe, 79 A.3d 520, 530–
31 (Pa. 2013), cert. denied, 134 S.Ct. 2662 (2014) (case citation and
footnote omitted). With respect to cross-examination of witnesses, “[a] trial
court has discretion to determine both the scope and the permissible limits
of cross-examination.” Commonwealth v. Briggs, 12 A.3d 291, 335 (Pa.
2011), cert. denied, 132 S.Ct. 267 (2011) (citation omitted). “The trial
judge’s exercise of judgment in setting those limits will not be reversed in
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the absence of a clear abuse of that discretion, or an error of law.” Id.
(citation and internal quotation mark omitted). “A trial court may limit the
scope of cross-examination to prevent repetitive inquiries and cumulative
testimony.” Commonwealth v. Conde, 822 A.2d 45, 51 (Pa. Super. 2003)
(citation omitted).
Here, on cross-examination, Cpl. Sloan unequivocally testified that he
“never saw [Appellant] drive” on the night of the incident. (N.T. Trial,
1/08/15, at 97). When defense counsel further attempted to question Cpl.
Sloan regarding his observation of Appellant’s driving, the Commonwealth
objected, and the trial court sustained the objection. (See id. at 97-98).
The court explained:
Cpl. Sloan previously testified that he did not see Appellant
driving. Therefore, he could not have seen Appellant drive
unsafely and the testimony would have been cumulative.
Furthermore, a police officer is allowed to render an opinion of
whether someone was capable of safely driving regardless of
whether they saw the person drive. [See Commonwealth] v.
Neiswonger, 488 A.2d 68, 70 (Pa. Super. 1985) [(holding “that
a police officer, if he has perceived a defendant’s appearance
and acts, is competent to testify to his opinion as to the
defendant’s state of intoxication and to his ability to drive a
vehicle safely,” regardless of whether the officer observed the
defendant driving)].
(Trial Ct. Op., at 11).
Upon review, we agree with the trial court, and conclude that it did not
abuse its discretion in limiting defense counsel’s repetitive inquiries of Cpl.
Sloan to prevent cumulative testimony where the record plainly establishes
that he did not observe Appellant driving at all. See Briggs, supra at 335;
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Conde, supra at 51. Therefore, Appellant’s argument with respect to Cpl.
Sloan fails.
Finally, we address Appellant’s confrontation clause claim with respect
to Officer Fox. Appellant argues the trial court improperly limited defense
counsel’s cross-examination of Officer Fox regarding the potential impact of
cold weather on Appellant’s performance of field sobriety tests. (See
Appellant’s Brief, at 31-32; see also N.T. Trial, 1/08/15, at 50-51). This
argument lacks merit.
Pennsylvania Rule of Evidence 602 provides, in pertinent part, that
“[a] witness may testify to a matter only if evidence is introduced sufficient
to support a finding that the witness has personal knowledge of the matter.”
Pa.R.E. 602. “Personal or firsthand knowledge is a universal requirement of
the law of evidence.” Id., cmt (citation omitted).
Here, Officer Fox testified that he did not administer the field sobriety
tests to Appellant; Cpl. Sloan did. (See N.T. Trial, 1/08/15, at 40).
Although he was present when Cpl. Sloan administered the tests, his
“attention was divided at the time because [he] was dealing with two other
subjects that were in another vehicle[.]” (Id. at 41; see id. at 40, 42).
Therefore, because Officer Fox lacked firsthand knowledge of the field
sobriety tests, the trial court properly limited defense counsel’s line of
questioning in this area. See Pa.R.E. 602. Furthermore, a review of the
record reveals that the court did allow defense counsel to ask Cpl. Sloan
whether he thought “the fact it was cold out could have impeded
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[Appellant’s] ability to perform the field sobriety tests?” (N.T. Trial,
1/08/15, at 95 (to which Cpl. Sloan responded “No.”)). Accordingly, the
court properly permitted the witness with firsthand knowledge of the field
sobriety tests to testify regarding the impact of the weather. Upon review,
we discern no abuse of discretion or error of law in the trial court’s
disposition of this issue. See Briggs, supra at 335. Appellant’s argument
with respect to Officer Fox fails, and his first issue does not merit relief.
In his second issue, Appellant challenges two of the trial court’s
evidentiary rulings, which we will address seriatim. Appellant first argues
the trial court abused its discretion in precluding defense counsel from
introducing photographs taken by Officer Fox showing Appellant’s head
injuries, for the purpose of cross-examining the officer as to whether those
injuries could have impacted Appellant’s ability to perform field sobriety
tests. (See Appellant’s Brief, at 33-34). Appellant further contends the
court’s preclusion of this line of inquiry was prejudicial because it could have
affected the verdict. (See id. at 37-38). This sub-issue merits no relief.
A judge has broad discretion concerning the conduct of a
trial and particularly with regard to the admission or exclusion of
evidence. Generally, evidence is admissible if it is relevant, i.e.,
it must tend to prove or disprove a material fact in issue, tend to
make such a fact more or less probable, or afford the basis or
support for a reasonable inference regarding the existence of a
material fact. This standard applies equally to the admissibility
of photographs. A photo must, however, be verified by either
the person who took it or one sufficiently knowledgeable to
testify the picture accurately represents the object depicted as it
existed at the time of the event in question. Finally, the
admissibility of photographs is a matter within the discretion of
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the trial court whose decision will not be disturbed absent an
abuse of discretion.
Commonwealth v. McClintock, 639 A.2d 1222, 1225–26 (Pa. Super.
1994) (citations omitted).
The Pennsylvania Rules of Evidence require a proponent to
“produce evidence sufficient to support a finding that the item is
what the proponent claims it is.” Pa.R.E. 901(a). Specifically,
the Rules state that . . . a “witness with knowledge” may testify
that an item is what it is claimed to be. Id. at 901(b)(1). When
the evidence in question is a photograph, it may be
authenticated by testimony from a person who has sufficient
knowledge that the photograph fairly and accurately reflects
what the proponent is purporting that photograph to reflect. . . .
Commonwealth v. Loughnane, 128 A.3d 806, 813 (Pa. Super. 2015)
(case citations omitted).
Here, during cross-examination of Officer Fox, defense counsel sought
to introduce photographs of Appellant’s head injuries.6 The Commonwealth
objected to their admission because it did not believe that the photographs
were those provided in discovery, taken on the night of the incident. (See
N.T. Trial, 1/08/15, at 48-49). The court precluded defense counsel from
asking Officer Fox questions about the photographs because counsel could
not provide any information whatsoever regarding their authenticity. (See
id.). However, during the Commonwealth’s direct examination of Cpl.
Sloan, it introduced into evidence photographs of Appellant’s facial injuries.
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6
It is unclear from the record who took the photographs at issue. Although
Appellant claims that Officer Fox took the photographs, (see Appellant’s
Brief, at 33), the Commonwealth and the trial court maintain that Cpl. Sloan
took them. (See Commonwealth’s Brief, at 22 n.1; Trial Ct. Op., at 8).
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(See id. at 83, 85-86). Defense counsel then cross-examined Cpl. Sloan as
to whether the blows to the head Appellant sustained could have caused him
to be “punchy or uncoordinated”; whether “the fact that [Appellant] was
punched in the head [six] or [seven] times could have played a part in his
behavior?”; whether he thought “[the injuries] could have played a part[?]”;
and whether “any of the blows to the head affected the way he reacted in
any way?” (Id. at 89-90). When the Commonwealth objected after this
prolonged line of questioning, the court sustained the objection and stated
that “[b]ecause [Cpl. Sloan] is not a medical professional, it is not going to
carry a lot of weight with me what he thinks. What I did hear him say was
that he offered numerous times to provide medical care or at least medical
attention[.]” (Id. at 91).
Thus, the record plainly reflects that the trial court admitted properly
authenticated photographs of Appellant’s facial injuries; that defense counsel
engaged in extensive cross-examination as to whether those injuries could
have impacted Appellant’s performance of field sobriety tests; and that the
court expressly determined that the opinion of a non-medical professional
regarding the impact of Appellant’s injuries on his actions was not significant
in reaching its verdict. We therefore conclude that the court did not abuse
its broad discretion with respect to admission of the photographs of
Appellant’s head injuries. See McClintock, supra at 1225–26.
We next turn to Appellant’s second sub-issue, in which he argues the
trial court abused its discretion by allowing the Commonwealth to cross-
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examine him regarding his character for peacefulness, when he never
presented prior evidence of his peacefulness. (See Appellant’s Brief, at 43-
46).7 Appellant further contends that he was prejudiced by the
Commonwealth’s improper line of questioning. (See id.). We disagree.
Pennsylvania Rule of Evidence 404(a) provides, in pertinent part:
(a) Character Evidence.
(1) Prohibited Uses. Evidence of a person’s character or
character trait is not admissible to prove that on a particular
occasion the person acted in accordance with the character or
trait.
(2) Exceptions for a Defendant [] in a Criminal Case. The
following exceptions apply in a criminal case:
(A) a defendant may offer evidence of the
defendant’s pertinent trait, and if the evidence is
admitted, the prosecutor may offer evidence to rebut
it[.]
Pa.R.E. 404(a)(1), (2)(A).
“The rationale [for the general prohibition against use of character
evidence] is that the relevance of such evidence is usually outweighed by its
tendency to create unfair prejudice, particularly with a jury.” Pa.R.E. 404,
cmt. However, if the defendant first offers evidence of a relevant character
trait of himself, the Commonwealth may offer evidence to rebut this
character trait. See Pa.R.E. 404(a)(2)(A); see also Commonwealth v.
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7
As previously noted, we review a trial court’s ruling with respect to the
scope of cross-examination for an abuse of discretion or error of law. See
Briggs, supra at 335.
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Reyes-Rodriguez, 111 A.3d 775, 781 (Pa. Super. 2015) (en banc), appeal
denied, 123 A.3d 331 (Pa. 2015).
Here, during the Commonwealth’s cross-examination of Appellant, the
following exchange took place:
Q. Why didn’t you defend yourself [after the Contrervo assault]?
A. I’m not that kind of person.
Q. All right. Let’s go from there. What type of person are you?
A. I’m cool demeanor . . . to be honest with you, that was a
complete shock to me. I didn’t even see it coming. I was hit
from behind.
Q. Well, you agree what you were shoved first, right?
A. Which is why I started walking away. That’s the kind of
person I am.
Q. You’re the kind of person to walk away?
[Defense Counsel]: Objection, to the relevance of what kind of
person he is.
THE COURT: No, I’m going to overrule the objection. I want to
hear this.
Q. So, [Appellant], you’re the kind of person to walk away from
a fight, correct?
A. (No response.)
Q. That’s what you just said?
A. I am.
* * *
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Q. . . . So you could have gotten in your vehicle and locked the
doors. How come you didn’t do that?
A. (No response.)
* * *
Q. And once you got [Contrervo’s] license plate you kept circling
that vehicle; isn’t that correct?
A. Yeah. I wanted to like jot it down in my memory.
Q. And, in fact, we saw on the video that when Mr. Contre[r]vo
went to back out and was actually on the street, that you and
Tim [Hosak] walked down towards his vehicle, isn’t that what we
saw in the video?
A. We were walking back to my vehicle.
(N.T. Trial, 4/13/15, at 48-50) (emphasis added).
The trial court explained that, “[b]ecause Appellant introduced the
subject of his own character, this [c]ourt allowed the Commonwealth to
inquire further and attempt to impeach his credibility.” (Trial Ct. Op., at 11-
12). Upon review, we agree with the court that, by responding to the
Commonwealth’s initial question by describing the “kind of person” he is,
Appellant opened the door for the Commonwealth to introduce evidence to
rebut his testimony. (N.T. Trial, 4/13/15, at 48). Therefore, the scope of
cross-examination by the Commonwealth was proper. See Briggs, supra
at 335. Furthermore, because the court had viewed Appellant’s actions
during the incident with Contrervo on videotape, Appellant cannot establish
prejudice. See Pa.R.E. 404, cmt. Accordingly, Appellant’s second sub-
argument does not merit relief.
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In his third issue, Appellant argues the trial court abused its discretion
by permitting the Commonwealth to render a medical opinion during closing
argument. (See Appellant’s Brief, at 46-47). He takes issue with the
Commonwealth’s statement that Appellant did not suffer “a traumatic brain
injury” because of his altercation with Mr. Contrervo. (Id. at 47 (quoting
N.T. Trial, 4/13/15, at 57) (emphasis omitted)). Appellant acknowledges
that the Commonwealth was referring to his medical records, which the
court admitted by stipulation of the parties, and explains that his objection
was not directed to the contents of the records themselves, but to the
prosecutor’s interpretation of them. (See id. at 47-48). This issue does not
merit relief.
Our standard of review for a claim of prosecutorial
misconduct is limited to whether the trial court abused its
discretion. In considering this claim, our attention is focused on
whether the defendant was deprived of a fair trial, not a perfect
one.
[A] prosecutor’s arguments to the [fact-finder]
are [generally] not a basis for the granting of a new
trial unless the unavoidable effect of such comments
would be to prejudice the [fact-finder], forming in
[its] mind[] fixed bias and hostility towards the
accused which would prevent [it] from properly
weighing the evidence and rendering a true verdict.
A prosecutor must have reasonable latitude in
fairly presenting a case to the [fact-finder] and must
be free to present [his] arguments with logical force
and vigor. The prosecutor is also permitted to
respond to defense arguments. Finally, in order to
evaluate whether the comments were improper, we
do not look at the comments in a vacuum; rather we
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must look at them in the context in which they were
made.
Commonwealth v. Solomon, 25 A.3d 380, 383 (Pa. Super. 2011), appeal
denied, 40 A.3d 1236 (Pa. 2012) (citations omitted).
Furthermore,
In determining whether the prosecutor engaged in
misconduct, we must keep in mind that comments made by a
prosecutor must be examined within the context of defense
counsel’s conduct. It is well settled that the prosecutor may
fairly respond to points made in the defense closing. Moreover,
prosecutorial misconduct will not be found where comments
were based on the evidence or proper inferences therefrom or
were only oratorical flair.
Commonwealth v. Hogentogler, 53 A.3d 866, 878 (Pa. Super. 2012),
appeal denied, 69 A.3d 600 (Pa. 2013) (citations omitted).
Here, during closing argument, defense counsel attributed Appellant’s
sobriety test failure to the fact that he was “punched and knocked down
three or four times, [which] might have some consequences in terms of [his]
ability to move or talk or anything else.” (N.T. Trial, 4/13/15, at 55). In
response, the Commonwealth stated:
[Appellant’s medical record] goes on further to say what the final
diagnosis was. It was a fracture, and it was a subconjunctival
hemorrhage, which as if you’ll read, is a blood in the white part
of the eye. And that’s it. Nothing about a concussion. Nothing
about a traumatic brain injury—
(Id. at 57).
On independent review, we conclude that when viewed in context, the
Commonwealth’s remarks were a fair comment on Appellant’s medical
records, and were also a fair response to points made in the defense closing.
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See Hogentogler, supra at 878; Solomon, supra at 383. Therefore, we
discern no abuse of discretion in the trial court’s disposition of this issue.
See Solomon, supra at 383. Appellant’s final issue does not merit relief.
Accordingly, we affirm the judgment of sentence.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/1/2016
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