Com. v. Hill, C.
2531 EDA 2016
| Pa. Super. Ct. | Oct 12, 2017Background
- Appellant Catrina Hill was convicted at a bench trial of simple assault for punching Cheri Reeder in the eye; sentenced to 15 months’ probation.
- Court-appointed counsel filed an Anders/Santiago brief seeking permission to withdraw as counsel.
- Counsel notified Hill of her rights and appended required materials; Hill did not file a response.
- Counsel identified one potential issue: insufficiency of the evidence to support the simple assault conviction.
- Trial testimony: Reeder testified Hill struck her in the eye with a closed fist; trial court credited Reeder’s testimony.
- Appellate court reviewed the record independently and concluded the sufficiency claim was frivolous, affirmed sentence, and granted counsel leave to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for simple assault | Commonwealth: Reeder’s testimony that Hill punched her shows intent to cause bodily injury | Hill: Evidence insufficient; her version contradicts Reeder | Affirmed — testimony that Hill punched Reeder was sufficient to prove intent; credibility is for the factfinder |
| Counsel withdrawal under Anders/Santiago | Commonwealth/Counsel: Counsel complied with Anders/Santiago procedures | Hill: no response filed | Granted — counsel complied with withdrawal requirements; appeal frivolous |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires counsel to identify appealable issues and seek permission to withdraw)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Pennsylvania-specific Anders procedure)
- Commonwealth v. Dale, 836 A.2d 150 (Pa. Super. 2003) (standard for sufficiency review)
- Commonwealth v. Kinney, 863 A.2d 581 (Pa. Super. 2004) (appellate court will not reassess credibility)
- Commonwealth v. Bruce, 916 A.2d 657 (Pa. Super. 2007) (verdict will not be disturbed unless evidence is so weak no fact may be drawn)
- Commonwealth v. Klein, 795 A.2d 424 (Pa. Super. 2002) (proof of actual bodily injury not required for simple assault)
- Commonwealth v. Richardson, 636 A.2d 1195 (Pa. Super. 1994) (punching another’s face supports intent to cause injury)