Com. v. Heath, J.
Com. v. Heath, J. No. 1703 EDA 2016
| Pa. Super. Ct. | Apr 11, 2017Background
- Appellant Jovanne Heath was convicted at a nonjury trial of robbery, conspiracy to rob, and possession of an instrument of crime; acquitted of simple assault.
- The robbery occurred January 4, 2014, outside the complainant Slueue’s sister’s home in Philadelphia, with a firearm used to take two cell phones.
- The complainant identified Heath as the driver of a blue Nissan after seeing him in white clothing near the crime scene.
- Police pursued a blue Nissan, which crashed; Heath was taken into custody after fleeing on foot while dressed in white.
- Detectives later searched the involved Nissan and recovered a firearm and the victim’s cellphone; Heath’s codefendant Blair was separately involved in the trial.
- Heath timely appealed the judgment of sentence, challenging the sufficiency of the evidence linking him to the crimes and the identification evidence; Rule 1925(b) was raised by the trial court as problematic for waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of identification evidence | Heath argues identification was unreliable | Commonwealth contends circumstantial and corroborating evidence sustain identification | Identifications supported by corroboration; verdict upheld |
| Rule 1925(b) waiver | Waiver due to deficient 1925(b) statement | Waiver appropriate; merits reviewed anyway | Waiver recognized; merits otherwise upheld on sufficiency of evidence |
| Sufficiency of evidence to sustain robbery/conspiracy/OC claim | Evidence inconclusive on driver identity | Combined evidence adequate for guilt beyond reasonable doubt | Evidence sufficient to establish Heath as driver and to support convictions |
Key Cases Cited
- Commonwealth v. Crews, 260 A.2d 771 (Pa. 1970) (identification must point more conclusively toward guilt; circumstantial evidence must be reliable)
- Commonwealth v. Smith, 423 A.2d 1296 (Pa. Super. 1981) (distinctive corroborative details may sustain identity without facial identification)
- Commonwealth v. Orr, 38 A.3d 868 (Pa. Super. 2011) (identification may rely on combination of identifiable cues; not limited to positive certainty)
- Commonwealth v. Paschall, 657 A.2d 687 (Pa. Super. 1969) (alternative identifying factors may sustain guilt when facial ID is absent)