J-S07018-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
DAVID ADAMS :
:
Appellant : No. 2061 EDA 2016
Appeal from the Judgment of Sentence June 20, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0012394-2013
BEFORE: BENDER, P.J.E., PANELLA, J., and FORD ELLIOTT, P.J.E.
MEMORANDUM BY PANELLA, J. FILED AUGUST 02, 2018
David Adams appeals from the judgment of sentence entered in the
Philadelphia County Court of Common Pleas following his conviction for
unlawful contact with a minor (sexual offenses). Adams contends that the
Commonwealth introduced insufficient evidence to support his conviction. We
affirm.
On September 5, 2013, Appellant was charged with numerous offenses
stemming from allegations of sexual abuse by his juvenile niece, C.A.
Specifically, C.A. alleged that Appellant raped her on three separate occasions
in 2012. C.A. was just ten years old in 2012.
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On January 20, 2016, Appellant proceeded to trial on the charges of
rape of a child and unlawful communication with a minor.1 Following the
presentation of evidence, including the testimony of C.A., the jury convicted
Appellant of unlawful contact with a minor (sexual offenses).2 The trial court
sentenced Appellant to six to fourteen years’ imprisonment. This timely appeal
follows.
Appellant’s sole challenge on appeal is to the sufficiency of the evidence
underlying his conviction. Specifically, Appellant contends the evidence was
insufficient as “there [was] a lengthy period of time between the alleged
incident and any disclosure by the complainant and the details of the alleged
incident [by complainant] were vague[.]”Appellant’s Brief, at 3 (capitalization
omitted). However, neither arguments go to sufficiency of the evidence. These
are weight of the evidence claims. See Commonwealth v. Snoke, 580 A.2d
295, 298 (Pa. Super. 1990) (finding the timing of a complaint of sexual abuse
is a factor bearing upon the credibility of the witness); see also
Commonwealth v. Palo, 24 A.3d 1050, 1055 (Pa. Super. 2011) (claims
directed entirely at the credibility of a witness challenge the weight, not the
sufficiency, of evidence). As Appellant has not properly raised a weight claim
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1 The Commonwealth withdrew all other charges against Appellant prior to
trial. See N.T., Trial, 1/27/17, at 5.
2 The jury was unable to reach a unanimous decision on the rape of a child
charge.
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on appeal, these specific arguments are waived. See Pa.R.Crim.P. 607(A)(1)-
(3).
Appellant, however, does purport to challenge the sufficiency of the
evidence through his assertion that the lack of physical evidence defeats his
conviction.3 See Appellant’s Brief, at 3, 13-14. Our standard of review for a
challenge to the sufficiency of the evidence is to determine whether, when
viewed in a light most favorable to the verdict winner, the evidence at trial
and all reasonable inferences therefrom are sufficient for the trier of fact to
find that each element of the crimes charged is established beyond a
reasonable doubt. See Commonwealth v. Dale, 836 A.2d 150, 152 (Pa.
Super. 2003). “The Commonwealth may sustain its burden of proving every
element of the crime beyond a reasonable doubt by means of wholly
circumstantial evidence.” Commonwealth v. Bruce, 916 A.2d 657, 661 (Pa.
Super. 2007) (citation omitted).
“[T]he facts and circumstances established by the Commonwealth need
not preclude every possibility of innocence.” Id. (citation omitted). Any doubt
raised as to the accused’s guilt is to be resolved by the fact-finder. See id.
“As an appellate court, we do not assess credibility nor do we assign weight
to any of the testimony of record.” Commonwealth v. Kinney, 863 A.2d
581, 584 (Pa. Super. 2004) (citation omitted). Therefore, we will not disturb
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3 To the extent Appellant is attempting to argue that the lack of physical
evidence weakens the Commonwealth’s case, this claim goes to the weight of
the evidence, rather than the sufficiency. As discussed above, Appellant failed
to preserve any challenges to the weight of the evidence.
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the verdict “unless the evidence is so weak and inconclusive that as a matter
of law no probability of fact may be drawn from the combined circumstances.”
Bruce, 916 A.2d at 661 (citation omitted).
An individual commits unlawful contact with a minor if “he is
intentionally in contact with a minor … for the purpose of engaging in activity
prohibited under Chapter 31 (relating to sexual offenses).” 18 Pa.C.S.A. §
6318(a)(1). Despite Appellant’s assertion to the contrary, this crime does not
require that the Commonwealth present any physical evidence of the
underlying sexual offense in order to sustain a conviction. This claim is utterly
frivolous. As Appellant does not challenge the Commonwealth’s evidence
relating to any actual element of this offense, his sufficiency claim fails.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/2/18
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