J-S78004-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
DARNELL KIRK RUTHERFORD, JR.,
Appellant No. 931 WDA 2015
Appeal from the Judgment of Sentence Entered January 21, 2015
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0008728-2013
BEFORE: BENDER, P.J.E., OTT, J., and FITZGERALD, J.*
MEMORANDUM BY BENDER, P.J.E.: FILED NOVEMBER 30, 2016
Appellant, Darnell Kirk Rutherford, Jr., appeals from the judgment of
sentence of an aggregate term of 3½ to 7 years’ incarceration, imposed
after he was convicted of various offenses, including robbery of a motor
vehicle. Appellant challenges the sufficiency and weight of the evidence to
sustain his convictions. After careful review, we affirm.
We have examined the briefs of the parties, the certified record, and
the applicable law. We have also reviewed the thorough opinion of the
Honorable Edward J. Borkowski filed on March 14, 2016. In that decision,
Judge Borkowski summarizes the pertinent facts and procedural history of
Appellant’s case, and then succinctly evaluates each of the issues (and
____________________________________________
*
Former Justice specially assigned to the Superior Court.
J-S78004-16
various sub-claims) that Appellant raises on appeal. See Trial Court Opinion
(TCO), 3/14/16, at 2-20.1 We conclude that Judge Borkowsi’s well-reasoned
opinion accurately disposes of the issues presented by Appellant; thus, we
adopt his rationale as our own and affirm Appellant’s judgment of sentence
on that basis.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/30/2016
____________________________________________
1
We note that Judge Borkowski also addresses several sentencing claims
that Appellant has abandoned on appeal. See TCO at 20-26. We express
no opinion on the propriety of Judge Borkowski’s decision on those issues, as
they are not before us.
-2-
Circulated 11/07/2016 02:45 PM
Circulated 11/07/2016 02:45 PM