Com. v. Delong, D.
872 MDA 2017
| Pa. Super. Ct. | Nov 21, 2017Background
- Dina Delong (Appellant) and her neighbor share adjoining porches; neighbor had her porch power-washed on July 10, 2016.
- After the power-washing, Delong scooped debris from her own porch onto a magazine and dumped it onto the neighbor’s freshly cleaned porch.
- Neighbor called police; Delong was cited for summary disorderly conduct under 18 Pa.C.S. § 5503(a)(4) (creating a hazardous/physically offensive condition).
- Delong was found guilty at a magisterial district court trial, appealed, and a de novo bench trial in the Court of Common Pleas on May 3, 2017 again resulted in a guilty verdict; court imposed a $50 fine plus costs.
- Delong appealed to the Superior Court claiming insufficient evidence: her act was private, lacked intent to cause public inconvenience/annoyance/alarm, and did not create a hazardous or offensive condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to sustain disorderly conduct under § 5503(a)(4) | Commonwealth: video and testimony show Delong intentionally/recklessly created a physically offensive condition affecting a public place (shared porch) | Delong: dumping was unneighborly but private, lacked intent to cause public inconvenience or recklessness; did not create hazardous/offensive condition | Affirmed: evidence sufficed; act occurred in a public arena (shared porch) and was intended to annoy neighbor/no legitimate purpose |
Key Cases Cited
- Commonwealth v. Jones, 874 A.2d 108 (Pa. Super. 2005) (standard for sufficiency review)
- Commonwealth v. Bullick, 830 A.2d 998 (Pa. Super. 2003) (sufficiency principles and fact-finder deference)
- Commonwealth v. Fedorek, 946 A.2d 93 (Pa. 2008) (Section 5503 focuses on acts creating public disturbance and offender’s intent)
- Commonwealth v. Maerz, 879 A.2d 1267 (Pa. Super. 2005) (intent can be shown by reckless disregard of risk to public convenience/annoyance)
- Commonwealth v. Troy, 832 A.2d 1089 (Pa. Super. 2003) (definition of recklessness for disorderly conduct)
- Commonwealth v. Reynolds, 835 A.2d 720 (Pa. Super. 2003) (reckless creation of risk is as criminal as actually causing public alarm)
- Commonwealth v. Gibbs, 981 A.2d 274 (Pa. Super. 2009) (porch may be a public place if generally accessible)
- Commonwealth v. Weiss, 490 A.2d 853 (Pa. Super. 1985) (recklessness standard quoted in related precedent)