J-S37005-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
ROBERT LEE BEAVERS, JR.
Appellant No. 136 MDA 2017
Appeal from the PCRA Dated December 20, 2016
In the Court of Common Pleas of the 39th Judicial District
Franklin County Branch
Criminal Division at No: CP-28-CR-0002258-2012
BEFORE: STABILE, MOULTON, and MUSMANNO, JJ.
MEMORANDUM BY STABILE, J.: FILED AUGUST 23, 2017
Appellant Robert Lee Beaver, Jr. appeals from the December 20, 2016
order of the Court of Common Pleas of the 39th Judicial District, Franklin
County Branch (“PCRA court”), which denied his request for collateral relief
under the Post Conviction Relief Act (the “PCRA”), 42 Pa.C.S.A. §§ 9541-46.
Upon review, we affirm.
The facts and procedural history of this case are undisputed. Briefly, a
jury convicted Appellant of crimes in connection with his sexual abuse of his
10-year-old step-niece.1 On November 6, 2013, the trial court sentenced
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1
Specifically, the jury found Appellant guilty of involuntary deviate sexual
intercourse with a child, indecent assault of a child, corruption of minors,
and simple assault of a child. See 18 Pa.C.S.A. §§ 3123(b), 3126(a)(7),
6301(a), and 2701(a)(1) and (b)(2), respectively.
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him to an aggregate term of 11 to 34 years’ imprisonment. Appellant
appealed to this Court. On November 18, 2014, a panel of this Court
affirmed his judgment of sentence. Commonwealth v. Beavers, 113 A.3d
351 (Pa. Super. 2014) (unpublished memorandum). Our Supreme Court
denied Appellant’s petition for allowance of appeal on May 28, 2015.
Commonwealth v. Beavers, 117 A.3d 294 (Pa. 2015).
On November 23, 2015, Appellant filed a pro se PCRA petition, raising,
inter alia, claims of ineffective assistance of counsel. The PCRA court
appointed counsel, who, on April 4, 2016, filed an amended petition,
claiming that Appellant’s trial counsel was ineffective in failing to call
character witnesses. Following a hearing, on December 20, 2016, the PCRA
court denied Appellant relief, concluding that, while Appellant’s
ineffectiveness claim had arguable merit, Appellant failed to establish the
reasonable basis and prejudice prongs of the Pierce2 test.
Appellant timely appealed to this Court. The PCRA court directed
Appellant to file a Pa.R.A.P. 1925(b) statement of errors complained of on
appeal. Appellant complied, raising a single assertion of error:
[I.] Whether the [PCRA] court’s finding that trial counsel’s failure
to call character witnesses during [Appellant’s] jury trial did not
amount to ineffective assistance of counsel, and subsequent
denial of [Appellant’s] petition for post-conviction collateral
relief, is supported by the record and free from legal error where
three character witnesses were present and willing to testify at
trial, known to trial counsel, knew [Appellant’s] reputation in
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2
Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987).
-2-
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community, and would have bolstered defense counsel’s trial
strategy?
Rule 1925(b) Statement, 2/6/17. In response, on February 7, 2017, the
PCRA court issued a Pa.R.A.P. 1925(a) opinion, largely adopting its
December 20, 2016 opinion.
On appeal,3 Appellant repeats the same ineffectiveness claim. After
careful review of the record and the relevant case law, we conclude that the
PCRA court accurately and thoroughly addressed Appellant’s ineffectiveness
claim. See PCRA Court Opinion, 12/20/16, at 7-28; PCRA Court Rule
1925(a) Opinion, 2/7/17, at 4. Accordingly, we affirm the PCRA court’s
December 20, 2016 order. We further direct that a copy of the PCRA court’s
December 20, 2016 opinion and its February 7, 2017 Rule 1925(a) opinion
be attached to any future filings in this case.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/23/2017
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3
“In reviewing the denial of PCRA relief, we examine whether the PCRA
court’s determination ‘is supported by the record and free of legal error.’”
Commonwealth v. Fears, 86 A.3d 795, 803 (Pa. 2014) (quoting
Commonwealth v. Rainey, 928 A.2d 215, 223 (Pa. 2007)).
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Circulated 07/31/2017 11:00 AM
Circulated 07/31/2017 11:00 AM