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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
LUIS RIVERA, :
:
Appellant : No. 854 MDA 2018
Appeal from the Judgment of Sentence January 10, 2018
in the Court of Common Pleas of Lebanon County
Criminal Division at No(s): CP-38-CR-0000743-2017
BEFORE: SHOGAN, J., OLSON, J., and MUSMANNO, J.
MEMORANDUM BY MUSMANNO, J.: FILED FEBRUARY 28, 2019
Luis Rivera (“Rivera”) appeals from the judgment of sentence1 imposed
following his convictions of indecent assault, endangering the welfare of
children (“EWOC”), and corruption of minors.2 We affirm.
Rivera’s convictions stem from inappropriate sexual contact with a
minor, T.R., which the jury found to have occurred at various points in time
throughout 2015. On January 10, 2018, Rivera was sentenced to 3½ - 10
years in prison. On January 11, 2018, Rivera filed Consolidated Post Sentence
Motions (“Motions”), alleging that the jury’s verdicts were against the weight
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1 Rivera purports to appeal from the May 11, 2018 Order denying his Post-
Sentence Motions. However, “a direct appeal in a criminal case can only lie
from the judgment of sentence.” Commonwealth v. Lawrence, 99 A.3d
116, 117 n.1 (Pa. Super. 2014).
2 18 Pa.C.S.A. §§ 3126(a)(7), 4304(a)(1), 6301(a)(1)(ii).
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of the evidence and that the Commonwealth failed to put forth sufficient
evidence to sustain the convictions.3 The trial court denied Rivera’s Motions
on May 11, 2018. Thereafter, Rivera filed a timely Notice of Appeal and a
Pa.R.A.P. 1925(b) Concise Statement.
On appeal, Rivera raises the following issues for our review:
I. Whether [Rivera’s] [M]otion for acquittal should be
granted because the Commonwealth failed to
provide sufficient evidence at trial to prove beyond a
reasonable doubt that [Rivera] did commit the
charges of indecent assault, [EWOC], and corruption
of minors?
II. Whether the jury’s verdicts were against the weight
of the evidence?
Brief for Appellant at 4 (unnecessary capitalization omitted).
In his first claim, Rivera contends that the Commonwealth failed to put
forth sufficient evidence at trial to justify any of his three convictions. Brief
for Appellant at 13-15. A review of Rivera’s Brief reveals that his entire
argument on this point, as to all three convictions, can be gleaned from the
following excerpts:
“The Commonwealth failed to present sufficient evidence at trial
that Rivera is guilty of [the instant crime] as defined by the
statute.”
***
“Rivera argues that he told both the detective and the jury [that]
he did not commit the alleged acts.”
***
____________________________________________
3Rivera filed Amended Consolidated Post Sentence Motions on February 12,
2018.
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“Rivera argues that he never violated his duty of care because he
never touched [T.R.] in a sexual manner.”
***
“Rivera argues that he never corrupted T.R. because he never
touched her in a sexual manner.”
Id. (unnecessary capitalization omitted).
Our standard when reviewing the sufficiency of the evidence
is whether the evidence at trial, and all reasonable inferences
derived therefrom, when viewed in the light most favorable to the
[] verdict-winner, are sufficient to establish all elements of the
offense beyond a reasonable doubt. We may not weigh the
evidence or substitute our judgment for that of the factfinder.
Additionally, the evidence at trial need not preclude every
possibility of innocence, and the fact-finder is free to resolve any
doubts regarding a defendant’s guilt 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.
Commonwealth v. Trinidad, 96 A.3d 1031, 1038 (Pa. Super. 2014)
(quotations and citations omitted).
We first note that
[i]n order to preserve a challenge to the sufficiency of the
evidence on appeal, the appellant’s Rule 1925(b) statement must
state with specificity the element or elements of the crime upon
which the appellant alleges the evidence was insufficient. … Such
specificity is of particular importance in cases, where, as here, the
appellant was convicted of multiple crimes each of which contains
numerous elements that the Commonwealth must prove beyond
a reasonable doubt.
Commonwealth v. Richard, 150 A.3d 504, 518 (Pa. Super. 2016)
(quotations and citations omitted) (emphasis added). Our review of the
record indicates that Rivera’s Concise Statement contained even less detail
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than his Brief, merely stating that the evidence was insufficient.
Consequently, Rivera’s first claim is waived.
Even if Rivera’s first claim were not waived as a result of an inadequate
Pa.R.A.P. 1925(b) Concise Statement, he still would not be entitled to relief.
In his Brief, Rivera failed to provide any substantive reason as to why the
Commonwealth’s evidence was insufficient to establish all elements of the
crimes charged beyond a reasonable doubt. We decline Rivera’s invitation to
accept flat statements of his innocence as meritorious challenges to the jury’s
verdicts. “It is not the role of this Court to develop an appellant’s argument
where the brief provides mere cursory legal discussion.” Lechowicz v.
Moser, 164 A.3d 1271, 1276 (Pa. Super. 2017) (citing Commonwealth v.
Johnson, 985 A.2d 915, 925 (Pa. 2009); see also Commonwealth v. Kane,
10 A.3d 327, 331 (Pa. Super. 2010) (stating that appellate briefs must develop
arguments sufficient for review). Bald assertions of insufficient evidence,
without more, will not warrant relief. See Commonwealth v. Murchinson,
899 A.2d 1159 (Pa. Super. 2006) (holding that the appellant’s claim was
waived on appeal where he failed to develop meaningful argument beyond
citing boilerplate law and asserting that the evidence fell short of such law.)
Accordingly, Rivera is not entitled to relief on this issue.
In his second claim, Rivera challenges the jury’s assessment of certain
testimony. In his Brief, Rivera maintains that
the jury placed too great a weight on the testimony of the
Commonwealth’s witness. The jury improperly weighed the
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emotional testimony of T.R. The jury heard several times that
Rivera denied committing the allegations. They heard he told [the
police] he did not violate T.R. Rivera testified in his own defense
that he never committed the sexual offenses.
Brief for Appellant at 16.
An appellate court’s standard of review when presented with
a weight of the evidence claim is distinct from the standard of
review applied by the trial court[.] Appellate review of a weight
claim is a review of the exercise of discretion, not of the underlying
question of whether the verdict is against the weight of the
evidence. Because the trial judge has had the opportunity to hear
and see the evidence presented, an appellate court will give the
gravest consideration to the findings and reasons advanced by the
trial judge when reviewing a trial court’s determination that the
verdict is [or is not] against the weight of the evidence. One of
the least assailable reasons for granting or denying a new trial is
the lower court’s conviction that the verdict was or was not against
the weight of the evidence and that a new trial should be granted
in the interest of justice.
***
Discretion is abused … where the judgment is manifestly
unreasonable or where the law is not applied or where the record
shows that the action is a result of partiality, prejudice, bias or ill-
will. … [A court palpably abuses it discretion where it invades the]
exclusive domain of the jury.
Commonwealth v. Clay, 64 A.3d 1049, 1055-56 (Pa. 2013) (quotations and
citations omitted). “[T]he determination of the credibility of a witness is within
the exclusive province of the jury.” Commonwealth v. Izurieta, 171 A.3d
803, 809 (Pa. Super. 2017).
Again, Rivera’s argument focuses on the testimony presented at trial.
Determining the credibility of witnesses is within the exclusive purview of the
finder of fact. See id., supra. It is not the role of the court to supplant the
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jury’s credibility determinations or to adjust the corresponding weight placed
on various testimony. To do so would constitute an abuse of discretion.
In its Opinion, the trial court appropriately pointed out that the “jury is
free to place whatever weight or emphasis it felt appropriate in light of all the
testimony and evidence presented at trial.” Trial Court Opinion, 5/11/2018,
at 12. In addition, the trial court reflected on the authority of a jury to find
guilt based on a victim’s testimony alone.4 Id. (referencing, e.g.,
Commonwealth v. Gabrielson, 536 A.2d 401 (Pa. Super. 1988).
Ultimately, after acknowledging the existence of conflicting testimony, the trial
court found that the
jury was able to weigh all the information that [Rivera]
mentioned in his [Motions] before rendering its verdict,
and there [was] nothing to suggest that the jury ignored
any relevant testimony and/or information in reaching its
verdict. Further, based on all of the evidence presented at
trial, … the decision rendered by the jury does not shock
the court’s sense of justice.
Id. at 12-13 (unnecessary capitalization omitted).
Our review of the record supports the trial court’s findings and lends no
basis upon which to find an abuse of discretion. The trial court properly
applied the law and respected the domain of the jury. We find nothing in
Rivera’s Brief or the record that would warrant a conclusion that the trial
court’s determinations were the result of partiality, prejudice, bias or ill-will.
Accordingly, Rivera is not entitled to relief.
____________________________________________
4We note that the record indicates that the Commonwealth did not rely solely
on T.R.’s testimony. See N.T., 11/1/2017, at 27-76.
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Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 02/28/2019
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