Com. v. Garcia, B.
Com. v. Garcia, B. No. 3669 EDA 2015
| Pa. Super. Ct. | Aug 25, 2017Background
- Appellant Beny Garcia (defendant) was convicted after a bench trial of corruption of a minor under 18 Pa.C.S. § 6301(a)(1)(ii) for inappropriate touching and solicitation of sex with an 11‑year‑old relative of his wife.
- The complainant was the wife’s eleven‑year‑old sister who lived next door; some acts were over clothing and specific dates/details were not recalled.
- Appellant was acquitted of indecent assault of a person less than thirteen years of age under 18 Pa.C.S. § 3126(a)(7).
- On November 23, 2015 the court imposed three years of sex offender probation and determined Appellant was not a sexually violent predator under the registration act.
- Appellant appealed, raising three issues: (1) his low IQ negates mens rea; (2) the statute is unconstitutional for not allowing evidence of mental disability; (3) whether the contact constituted an offense. He conceded these issues were not raised at trial.
- The trial court found the appellate issues waived for failure to raise them below; Appellant’s brief offered no developed argument on the third issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Appellant's low IQ negates mens rea required for conviction | Commonwealth: conviction valid based on record and bench-finding of guilt | Garcia: low IQ (mental age) prevents requisite mens rea | Waived for failure to raise at trial; not reached on merits |
| Whether 18 Pa.C.S. § 6301 is unconstitutional because it bars testimony of defendant's mental disability | Commonwealth: statute valid and constitutionality not preserved | Garcia: statute unconstitutional for lack of exception for mentally disabled persons | Waived for failure to raise at trial; not reached on merits |
| Whether Appellant's contact with complainant constituted a criminal offense under statute | Commonwealth: conduct satisfied statute as found by trial court | Garcia: disputed whether conduct met statutory elements (undeveloped) | Waived/declined—appellant provided no developed argument; court could not review |
Key Cases Cited
- Commonwealth v. Lawrence, 99 A.3d 116 (Pa. Super. 2014) (constitutional issues may be waived if not raised below)
- Commonwealth v. Watley, 81 A.3d 108 (Pa. Super. 2013) (collecting cases on waiver of constitutional claims)
- Commonwealth v. Haynes, 340 A.2d 462 (Pa. Super. 1975) (constitutional claims can be waived by procedural default)
- Commonwealth v. Gould, 912 A.2d 869 (Pa. Super. 2006) (briefing must develop arguments and cite authority; court will not craft arguments)
- Commonwealth v. Hardy, 918 A.2d 766 (Pa. Super. 2007) (appellate defects in briefing can result in waiver or dismissal)