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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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.
WILLIAM V. CHIKONYERA,
Appellant No. 3830 EDA 2015
Appeal from the Judgment of Sentence Entered November 24, 2015
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0001033-2015
BEFORE: BENDER, P.J.E., DUBOW, J., and SOLANO, J.
MEMORANDUM BY BENDER, P.J.E.: FILED MARCH 01, 2017
Appellant, William V. Chikonyera, appeals from the judgment of
sentence of 4 years’ probation, imposed after he was convicted, following a
non-jury trial, of retail theft, 18 Pa.C.S. § 3929(a)(1), and criminal
conspiracy, 18 Pa.C.S. § 903(a)(1). On appeal, Appellant solely challenges
the sufficiency of the evidence to sustain his convictions. We affirm.
Briefly, Appellant was arrested and charged with the above-stated
offenses based on his and a cohort’s theft of two computer monitors from a
Walmart store located in Philadelphia. Appellant proceeded to a non-jury
trial and was ultimately convicted of retail theft and criminal conspiracy. On
November 24, 2015, he was sentenced to an aggregate term of 4 years’
probation. Appellant filed a timely notice of appeal, and he also timely
complied with the trial court’s order to file a Pa.R.A.P. 1925(b) statement.
The court filed a responsive opinion on March 21, 2016. Herein, Appellant
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presents one issue for our review, challenging the sufficiency of the evidence
to sustain his convictions. See Appellant’s Brief at 3.
To begin, we note that:
In reviewing a sufficiency of the evidence claim, we must
determine whether the evidence admitted at trial, as well as all
reasonable inferences drawn therefrom, when viewed in the light
most favorable to the verdict winner, are sufficient to support all
elements of the offense. Commonwealth v. Moreno, 14 A.3d
133 (Pa. Super. 2011). Additionally, we may not reweigh the
evidence or substitute our own judgment for that of the fact
finder. Commonwealth v. Hartzell, 988 A.2d 141 (Pa. Super.
2009). The evidence may be entirely circumstantial as long as it
links the accused to the crime beyond a reasonable doubt.
Moreno, supra at 136.
Commonwealth v. Koch, 39 A.3d 996, 1001 (Pa. Super. 2011).
Again, Appellant was convicted of retail theft and criminal conspiracy.
Retail theft is defined in the Crimes Code, as follows:
(a) Offense defined.--A person is guilty of a retail theft if he:
(1) takes possession of, carries away, transfers or causes
to be carried away or transferred, any merchandise
displayed, held, stored or offered for sale by any store or
other retail mercantile establishment with the intention of
depriving the merchant of the possession, use or benefit of
such merchandise without paying the full retail value
thereof;
18 Pa.C.S. § 3929(a)(1). Additionally, criminal conspiracy is defined as:
(a) Definition of conspiracy.--A person is guilty of conspiracy
with another person or persons to commit a crime if with the
intent of promoting or facilitating its commission he:
(1) agrees with such other person or persons that they or
one or more of them will engage in conduct which
constitutes such crime or an attempt or solicitation to
commit such crime; or
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(2) agrees to aid such other person or persons in the
planning or commission of such crime or of an attempt or
solicitation to commit such crime.
18 Pa.C.S. § 903(a)(1)-(2).
In this case, Appellant presents a very cursory argument in
challenging the sufficiency of the evidence to sustain his convictions.
Essentially, he maintains that the evidence demonstrated only that he was
present at the scene while his cohort committed the retail theft. After
reviewing the record, we disagree. The evidence presented at Appellant’s
trial, as summarized by the trial court below, was clearly sufficient to prove
that he committed both retail theft and criminal conspiracy:
Omar Santos (“Mr. Santos”) testified that on May 12[],
2014, at 11:20 [a.m.], he worked as a security officer at the
Walmart located at One Franklin Mills Boulevard in the city and
county of Philadelphia. From the store security cameras, Mr.
Santos observed a male named Mr. Markeece (“Markeece”) place
two computer monitors into a shopping cart. Markeece then left
the shopping cart with [] Appellant who proceeded to rip the
security devices off [] the two computer monitors. Accordingly,
once Mr. Santos saw the security devices being ripped off the
monitors he contacted the police. Shortly after, Mr. Santos
watched Markeece and [] Appellant exit the store. Markeece
pushed the shopping cart, while [] Appellant walked along side
[sic] of the shopping cart. [] Appellant and Markeece passed all
points of sale, made no attempt to purchase the computer
monitors, and no receipts were provided for the items.
Mr. Santos approached both suspects outside on the
sidewalk and identified himself as a security officer. In
response, Appellant started quickly walking to his car, while
Markeece talked to Mr. Santos. As Mr. Santos spoke to
Markeece, the police arrived on scene. Markeece abandoned the
computer monitors in the shopping cart on the sidewalk, and
took off running.
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Officer Jared Attewell, of the Philadelphia Police
Department, arrived to the Walmart in response to Mr.
Santos’[s] phone call. Upon his arrival, Officer Attewell observed
Mr. Santos[’s] pointing to Markeece, who [the officer] observed
run and attempt to get into the already moving vehicle being
driven by [] Appellant. Officer Attewell then stopped the vehicle
and placed both [] Appellant and Markeece under arrest. Mr.
Santos identified Markeece and [] Appellant as the two
individuals that took the shopping cart out of the store without
paying.
Trial Court Opinion, 3/21/16, at 1-2 (citations to the record omitted).
This evidence clearly belies Appellant’s argument that he was merely
present at the scene when Markeece stole the computer monitors. Appellant
and Markeece obviously intended to steal the monitors, agreed to do so
together, and both men committed overt acts in furtherance of that
conspiracy. See Commonwealth v. Galindes, 786 A.2d 1004, 1010 (Pa.
Super. 2001) (“A conspiracy conviction requires proof of (1) an intent to
commit or aid in an unlawful act, (2) an agreement with a co-conspirator
and (3) an overt act in furtherance of the conspiracy.”) (citation omitted).
Specifically, Markeece put the monitors into the cart, and Appellant removed
their security tags, thus suggesting an intent to steal those items. The two
men then walked out of the store together, with the cart containing the
monitors. Neither Appellant nor Markeece attempted to pay for the
monitors, further demonstrating their intent to steal them. Finally, when
confronted by Mr. Santos outside the store, Appellant quickly walked away,
and then subsequently assisted Markeece in fleeing from Officer Attewell by
driving the get-away car. Appellant’s and Markeece’s flight indicated their
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consciousness of guilt, and the court was free to consider it, along with the
other evidence produced by the Commonwealth, in finding Appellant guilty.
See Commonwealth v. Hargrave, 745 A.2d 20, 23 (Pa. Super. 2000)
(citations omitted). Therefore, the evidence was more than sufficient to
prove that Appellant committed retail theft and criminal conspiracy.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/1/2017
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