J-S39038-22
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
CHARLES RICHARD BRONSON :
:
Appellant : No. 547 MDA 2022
Appeal from the Judgment of Sentence Entered February 28, 2022
In the Court of Common Pleas of Luzerne County Criminal Division at
No(s): CP-40-CR-0004072-2019
BEFORE: PANELLA, P.J., BENDER, P.J.E., and NICHOLS, J.
MEMORANDUM BY NICHOLS, J.: FILED: MARCH 6, 2023
Appellant Charles Richard Bronson appeals from the judgment of
sentence imposed following a bench trial at which he was convicted of flight
to avoid apprehension and related offenses. Appellant argues that the
Commonwealth failed to establish that he fled from police with the intent to
avoid apprehension. Following our review, we affirm.
The trial court summarized the facts of this case as follows:
The trial was held with [Appellant] in absentia, but represented by
counsel.[fn1] The charges arose from events occurring on June 13,
2019. Pennsylvania State Police Trooper William McDermott, who
testified on behalf of the Commonwealth, was the sole witness at
trial. [N.T. Trial, 9/1/21, at 10-13]. Trooper McDermott testified
that on the date in question, he was working the night shift from
approximately 8:00 p.m. until 6:00 a.m. Id. at 14. He was
monitoring a construction zone in Avoca and Duryea Borough on
Interstate 81 South near exit 178. Id. at 14. Trooper McDermott
testified that he conducted a traffic stop around 1:00 a.m. when
his radar detected a car going 83 miles an hour in a 55 mile per
hour zone. Id. at 15-16. He said after the vehicle passed, he
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pulled out behind the car, activated his emergency lights and
stopped the car. Id. at 16. He testified that, while wearing his
uniform, he identified himself by name and said he was with the
Pennsylvania State Police. Id. at 29. He told the driver he had
stopped him for speeding. Id. at 17. He told the driver he had
clocked him driving 83 miles per hour[,] and the driver told him
he was going 77 miles per hour. Id. at 17. When the trooper
asked the driver for his license, registration and insurance, the
driver said his license had been suspended. Id. at 17. When the
trooper asked why the license had been suspended, the driver told
him it had been suspended for speeding. Id. at 17. The trooper
then asked the driver for his name. Id. at 17. The driver said his
name was Tom Robbins, but the trooper positively identified him
at trial as [Appellant], Charles Bronson. Id. at 17, 24. Trooper
McDermott said he told the driver to stay in the car. Id. at 17.
The trooper returned to the patrol car to search “Tom Robbins” by
his date of birth. Id. at 17-18. When the trooper opened the door
to the patrol car, the driver drove away down the interstate south
heading towards Wilkes-Barre. Id. at 18.
Before trial, [Appellant] waived his right to a jury trial
[fn1]
and made clear to the court on the record that he did not
wish to participate at his bench trial. Pursuant to his
request, [Appellant] was removed from the courtroom.
[N.T. Trial, 9/1/21, at 10-13].
The trooper testified that he immediately began to follow the
driver and called the incident into the officer on dispatch looking
for a backup car to assist him. Id. at 19. He said the vehicle he
was following remained on 81 south until exit 168, when he got
off the exit, made a U-turn and got back on the interstate driving
north. Id. at 19. Trooper McDermott continued to pursue
[Appellant’s] vehicle. Id. at 20. The trooper testified that he
looked at his speedometer several times during his pursuit of
[Appellant’s] vehicle and said that he was driving 120 miles per
hour. Id. at 19. He said [Appellant] was not using turn signals
and had no headlights on at times. Id. at 20. Traveling at over
120 miles per hour, [Appellant] passed tractor trailers and was
weaving in and out of traffic until he got to exit 175, when he got
off the interstate. Id. at 21. The trooper testified that the
maximum speed limit was 55 miles an hour. Id. at 21. In
addition, he said that he believed that some of the individuals
working in the active construction zone [Appellant] sped through
had to jump out of the way. Id. at 28. The trooper testified that
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a video of the vehicle stop and the pursuit was recorded and the
video was shown during the trial. Id. at 18, 26.
When [Appellant] left the interstate, the pursuit continued up
through Center Point Industrial Park onto Keystone and Stone
Avenues before reaching a dead end in a parking lot. Id. at 22.
When [Appellant’s] vehicle stopped, the trooper saw [Appellant]
jump out of the car and flee on foot into a wooded area behind
the industrial park. Id. at 22.
Trooper McDermott testified that two other troopers arrived at the
scene, and he and one of the other troopers pursued [Appellant]
into the woods but were unable to find him. Id. at 23. The other
trooper remained behind with the vehicle. Id. at 23. After being
unable to apprehend [Appellant], the troopers secured his vehicle.
Id. at 23. A wallet was laying in the center console area. Id. at
23. Trooper McDermott opened the wallet and found a birth
certificate and an access card containing the name “Charles
Bronson.” Id. at 23. [Trooper McDermott did not] find anything
in the car with the name “Tom Robbins.” Id. at 23.
The trooper testified that he entered the name Charles Bronson
into the NCIC and CLEAN police systems and found that Charles
Bronson was the operator of the vehicle by the photo appearing
on JNET. Id. at 24. He said that he compared the JNET photo to
prior arrest photos and was convinced that Charles Bronson was
the individual who had been operating the vehicle during the
pursuit. Id. at 24-25. He testified that there was no doubt in his
mind that [Appellant] was the driver of the car on June 13. Id.
at 29-30. He further testified that during his investigation, he
found that Charles Bronson had several active warrants for his
arrest at the time of the pursuit. Id. at 24, 27. [Appellant] was
apprehended approximately three weeks after the June 13 vehicle
chase. Id. at 25.
Trial Ct. Op., 7/1/22, at 2-5 (some formatting altered).
On June 17, 2019, the Commonwealth charged Appellant with flight to
avoid apprehension, recklessly endangering another person (REAP), false
identification to a law enforcement officer, fleeing or attempting to elude an
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officer, and eight summary violations of the Motor Vehicle Code.1 On
September 1, 2021,2 the trial court found Appellant guilty of flight to avoid
apprehension, fleeing or attempting to elude an officer, false identification to
a law enforcement officer, and six summary violations of the Motor Vehicle
Code. The trial court found Appellant not guilty of the remaining offenses.
Appellant filed a motion for extraordinary relief on October 21, 2021
seeking an arrest of judgment or, in the alternative, a judgment of acquittal
on the charges for flight to avoid apprehension and providing false
identification to law enforcement. Mot. for Extraordinary Relief, 10/21/21, at
1-3 (unpaginated). Appellant also requested that the trial court downgrade
his charge for fleeing or attempting to elude a police officer from a third-
degree felony to a misdemeanor of the second degree. Id. The trial court
denied Appellant’s motion and sentenced Appellant to an aggregate term of
twenty-seven to fifty-four months’ incarceration on February 28, 2022.
Appellant did not file any post-sentence motions.
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1 18 Pa.C.S. §§ 5126(a), 2705, 4914(a), 75 Pa.C.S. §§ 3733(a),
3112(a)(3)(i), 3334(a), 3361, 3362(a)(3), 3714(a), 3734, 3736(a), and
1543(a), respectively.
2 Appellant’s trial was delayed due to the COVID-19 pandemic.
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Appellant subsequently filed a timely notice of appeal 3 and a court-
ordered Pa.R.A.P. 1925(b) statement. The trial court issued a Rule 1925(a)
opinion addressing Appellant’s claims.
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3 We note that Appellant’s counsel timely filed a notice of appeal to PACFile
electronic filing system on March 29, 2022. However, due to a technical error,
the notice of appeal was rejected and returned to Appellant’s counsel the
following day. Appellant’s counsel resubmitted the notice of appeal on March
31, 2022, and this Court docketed counsel’s facially untimely appeal at 524
MDA 2022. See Notice of Appeal, 3/31/22. After the PACFile system rejected
Appellant’s first notice of appeal, in an abundance of caution, Appellant filed
a motion to reinstate his direct appeal rights nunc pro tunc, which the trial
court granted. See Mot., 4/1/22; Trial Ct. Order, 4/5/22.
However, because Appellant’s first appeal at 524 MDA 2022 was already
pending when Appellant filed the motion to reinstate his direct appeal rights,
the trial court did not have jurisdiction to grant Appellant’s motion. See
Pa.R.A.P. 1701(a) (stating that “[e]xcept as otherwise prescribed by these
rules, after an appeal is taken . . . the trial court . . . may no longer proceed
further in the matter”); Bell v. Kater, 839 A.2d 356, 357-58 (Pa. Super.
2003) (quashing appeal nunc pro tunc where the trial court granted a petition
reinstating the appellant’s appellate rights nunc pro tunc while the appellant’s
first, untimely appeal was pending before this Court). Therefore, Appellant’s
subsequent notice of appeal, which was docketed at 547 MDA 2022, should
have been treated as a legal nullity. See Pa.R.A.P. 1701(a); Bell, 839 A.2d
at 358. Rather than dismissing the instant appeal at 547 MDA 2022 as
duplicative of the pending appeal at 524 MDA 2022 or as a nullity, this Court
dismissed Appellant’s timely appeal at 524 MDA 2022 as duplicative on May
3, 2022. See Order, 524 MDA 2022, 5/3/22.
Under these circumstances, we conclude that a breakdown in this Court’s
processes occurred, and we decline to quash the instant appeal. See
generally Commonwealth v. Patterson, 940 A.2d 493, 498 (Pa. Super.
2007); accord Commonwealth v. Cooper, 27 A.3d 994, 1007 (Pa. 2011)
(explaining that after this Court dismissed a timely appeal as duplicative, this
Court should have decided the appellant’s pending “premature” appeal on the
merits). Accordingly, we deem Appellant’s appeal timely filed.
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On appeal, Appellant raises the following issue for review:
Whether the Commonwealth failed to present sufficient
evidence to prove beyond a reasonable doubt that [Appellant]
was guilty of flight to avoid apprehension where the record
failed to establish that [Appellant] knew or was aware that
there were two active warrants filed against him.
Appellant’s Brief at 9.4
Appellant challenges the sufficiency of the evidence supporting his
conviction for flight to avoid apprehension. Specifically, Appellant claims that
in order to establish intent, the Commonwealth was required to prove that
Appellant knew that there was an active or outstanding warrant for his arrest
at the time he fled from police. Id. at 11, 13. In support, Appellant relies on
Commonwealth v. Steffy, 36 A.3d 1109 (Pa. Super. 2012), a case in which
the defendant was informed about the active warrant before he fled from
police. Id. at 14-15 (citing Steffy, 36 A.3d at 1112). Appellant argues that,
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4 Appellant presented four additional issues in his Rule 1925(b) statement that
he does not include in his brief. See Rule 1925(b) Statement, 4/26/22.
Specifically, Appellant claimed that (1) the Commonwealth failed to use due
diligence in bringing him to trial in a timely manner, (2) that the record was
devoid of proof that Appellant was aware that he was subject of an official
investigation, (3) that the Commonwealth did not present sufficient evidence
to establish that the charge of flight to avoid apprehension should be graded
as a felony of the third degree rather than a misdemeanor of the second
degree, and (4) that the Commonwealth did not present sufficient evidence to
establish that the charge of fleeing or attempting to elude an officer should be
graded as a felony of the third degree rather than a misdemeanor of the
second degree. See id. at 3-4. Accordingly, we conclude that Appellant has
abandoned those issues on appeal. See Pa.R.A.P. 2116(a), 2119(a); see
also Commonwealth v. McGill, 832 A.2d 1014, 1018 n.6 (Pa. 2003) (finding
waiver where the appellant abandoned claim on appeal). However, even if
the issues were not waived, we agree with the trial court’s sound reasoning,
therefore, we would conclude that Appellant is not entitled to relief.
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in the instant case, Trooper McDermott did not discover that Appellant had an
outstanding arrest warrant until he was apprehended. Id. at 21-22. Further,
Appellant argues that “there is no other evidence . . . that [he] was aware of
the active warrants and it is just as likely that [he fled] because he was driving
with a suspended license . . . and did not possess knowledge that an active
warrant for his arrest already existed.” Id. Therefore, Appellant concludes
the Commonwealth failed to present sufficient evidence to establish
Appellant’s intent. Id.
When reviewing a sufficiency claim, our standard of review is as follows:
Because a determination of evidentiary sufficiency presents a
question of law, our standard of review is de novo and our scope
of review is plenary. In reviewing the sufficiency of the evidence,
we must determine whether the evidence admitted at trial and all
reasonable inferences drawn therefrom, viewed in the light most
favorable to the Commonwealth as verdict winner, were sufficient
to prove every element of the offense beyond a reasonable doubt.
The facts and circumstances established by the Commonwealth
need not preclude every possibility of innocence. It is within the
province of the fact-finder to determine the weight to be accorded
to each witness’s testimony and to believe all, part, or none of the
evidence. The Commonwealth may sustain its burden of proving
every element of the crime by means of wholly circumstantial
evidence. Moreover, as an appellate court, we may not re-weigh
the evidence and substitute our judgment for that of the
factfinder.
Commonwealth v. Palmer, 192 A.3d 85, 89 (Pa. Super. 2018) (citation
omitted and formatting altered).
A person commits the crime of flight to avoid apprehension if he “willfully
conceals himself or moves or travels within or outside this Commonwealth
with the intent to avoid apprehension, trial or punishment.” 18 Pa.C.S. §
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5126(a). With respect to grading, Section 5126 provides that a defendant
who flees from police to avoid apprehension commits “a felony of the third
degree when the crime which he has been charged with or has been convicted
of is a felony and commits a misdemeanor of the second degree when the
crime which he has been charged with or has been convicted of is a
misdemeanor.” Id.
“This Court has previously determined that Section 5126 ‘requires that
a person has been charged with a crime’ at the time he or she flees from law
enforcement.” In re Interest of P.S., 158 A.3d 643, 652 (Pa. Super. 2017)
(citing Commonwealth v. Phillips, 129 A.3d 515, 518 (Pa. Super. 2014).
Further, this Court has explained:
The plain language of the statute requires that the defendant
intend to avoid apprehension, trial or punishment. The statute
does not mandate that the defendant have knowledge of the
precise grading of the offense for which he is attempting to avoid
capture. The intent element of the crime is separate and apart
from whether the person has been convicted or is charged with a
felony. Furthermore, nothing in the statutory language requires
that police have knowledge of the underlying charge or conviction.
It is sufficient for the defendant to intentionally elude law
enforcement to avoid apprehension, trial or punishment on a
charge or conviction. Where that charge or conviction is a felony,
the flight to avoid apprehension charge is properly graded as a
felony of the third degree.
Steffy, 36 A.3d at 1111-12 (emphasis added); see also Commonwealth v.
Thompson, 1599 MDA 2018, 2019 WL 2121513, at *2-3 (Pa. Super. filed
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May 14, 2019) (unpublished mem.)5 (rejecting the defendant’s claim that the
Commonwealth was required to prove that the defendant “was aware that
there were active warrants for his arrest” and concluding that there was
sufficient evidence to prove the intent element of Section 5126 where the
defendant fled from police while he had an outstanding warrant).
Here, the trial court addressed Appellant’s claim as follows:
In Steffy, the Superior Court interpreted the language of [Section
5126] and determined that the intent element of the crime of flight
to avoid apprehension is separate and apart from whether the
defendant has been convicted or is charged with a felony. Steffy,
36 A.3d at 1112. The court made clear that the statute “does not
mandate that the defendant have knowledge of the precise
grading of the offense for which he is attempting to avoid
capture.” Id. at 1111-12. The court explained, “[i]t is sufficient
for the defendant to intentionally elude law enforcement to avoid
apprehension, trial or punishment on a charge or conviction.
Where that charge or conviction is a felony, the flight to avoid
apprehension charge is properly graded as a felony of the third
degree.” Id. at 1112.
[Appellant] complains that the Commonwealth failed to prove that
he was aware that there were active warrants filed against him,
but provides no legal support that the statute requires such proof.
The law does not require a defendant’s knowledge of any such
warrant to sustain a conviction under Section 5126. See 18
Pa.C.S. § 5126(a). Trooper McDermott identified himself as a
police officer and told [Appellant] that he had been speeding.
[Appellant] provided the officer with a false name. After being
told to stay with his vehicle, [Appellant] then left the scene, taking
officers on a high-speed chase and then running through the
woods on foot. Trooper McDermott testified that during his
investigation, he found that [Appellant] had several active
warrants for his arrest at the time of the pursuit. This evidence
was sufficient to find that [Appellant] fled from Trooper
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5We may cite to non-precedential decisions of this Court filed after May 1,
2019, for their persuasive value. See Pa.R.A.P. 126(b).
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McDermott with the intent to avoid apprehension, trial or
punishment.
Trial Ct. Op. at 17 (some formatting altered).
Following our review, we find no error in the trial court’s conclusion.
See Palmer, 192 A.3d at 89. Here, at the time Appellant fled from police, he
had several outstanding arrest warrants, including one for a felony. See N.T.
Trial, 9/1/21, at 24. At trial, the Commonwealth presented evidence that
Appellant provided a fake name to Trooper McDermott and claimed that he
did not have a driver’s license because it was suspended. See id. at 17. While
Trooper McDermott was running Appellant’s information through the police
database, Appellant proceeded to drive away at a high rate of speed before
abandoning the vehicle and fleeing on foot. See id. at 18-23.
Appellant contends that the Commonwealth failed to prove that he was
aware of the warrant for his arrest. See Appellant’s Brief at 11, 13. However,
this Court rejected that argument in Thompson. See Thompson, 2019 WL
2121513, at *2. Specifically, the Thompson Court concluded that the
appellant “fails to provide any legal support for grafting such a requirement
onto the statute.” See id. We conclude the same is true here.
As noted previously, the plain language of Section 5126 does not require
proof that a defendant knew that he had an outstanding arrest warrant at the
time he fled from police.6 See 18 Pa.C.S. § 5126(a); see also Steffy, 36
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6We recognize that several decisions by this Court involve Section 5126
convictions in which a defendant flees from police after being informed about
(Footnote Continued Next Page)
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A.3d at 1111-12; Thompson, 2019 WL 2121513 at *2-3. In any event, the
circumstances of Appellant's flight clearly indicate that he intended to evade
police in order to avoid apprehension. As this Court explained in Thompson,
while a person may run from the police for a number of reasons, it is within
the province of the fact-finder to accept or reject these alternate theories, and
conclude that the defendant fled to avoid apprehension on his outstanding
warrants. See Thompson, 2019 WL 2121513 at *3; see also Palmer, 192
A.3d at 89 (noting that the Commonwealth may sustain its burden of proving
every element of the crime using wholly circumstantial evidence).
For these reasons, viewing the evidence in the light most favorable to
the Commonwealth as verdict winner, we agree with the trial court that the
Commonwealth presented sufficient evidence to establish that Appellant
intended to elude law enforcement to avoid apprehension and no relief is due.
See Palmer, 192 A.3d at 89. Accordingly, we affirm.
Judgment of sentence affirmed.
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an active warrant. See e.g. Steffy, 36 A.3d at 1110; Commonwealth v.
Baker, 900 EDA 2019, 901 EDA 2019, 902 EDA 2019, 2019 WL 7173300, at
*1 (Pa. Super. filed Dec. 24, 2019) (unpublished mem.); Commonwealth
v. Shroyer, 18 WDA 2020, 19 WDA 2020, 2020 WL 4814264, at *1-2 (Pa.
Super. filed Aug. 19, 2020) (unpublished mem.). However, as discussed,
the Commonwealth is not required to prove that a defendant knew he had
an active warrant in order to sustain a conviction under Section 5126(a).
Therefore, to the extent Appellant relies on our prior decisions in support of
that proposition, his reliance is misplaced.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 03/06/2023
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