Com. v. Johnson, T.
758 WDA 2016
| Pa. Super. Ct. | Sep 29, 2017Background
- On Feb. 10, 2015, then-17-year-old Todd A. Johnson entered 110 Basin Street masked, dressed in black, carrying a loaded 9mm handgun; he stated he was there for a "five-finger discount."
- A confrontation with occupant Derrike Roppolo ensued; Johnson pushed Roppolo and shot him in the chest; Roppolo died shortly thereafter.
- Johnson also pointed the gun at other occupants and demanded a cellphone; he fled and was arrested on Route 422.
- A jury convicted Johnson of second-degree murder and robbery with threats; he was sentenced to an aggregate 418 months to life on Feb. 2, 2016.
- Post-sentence motions and appeal raised multiple claims including sufficiency of evidence for attempted robbery, jury instruction errors, and constitutional challenges to applying felony-murder/juvenile standards; many claims were held waived or without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of directed verdict on first-degree murder | Commonwealth maintained sufficient evidence supported submission of murder charges | Johnson argued trial court erred in denying directed verdict on first-degree murder and improperly allowed jury to consider it | No reversible error: Johnson was acquitted of first-degree murder; claim meritless/alternative reasoning adopted from trial court |
| Sufficiency of evidence that murder occurred during attempted robbery (predicate for second-degree murder) | Commonwealth argued facts (masked entry, armed, statement about theft) supported attempted robbery as predicate felony | Johnson contended reasonable doubt existed that he intended/attempted robbery | Held sufficient: viewing evidence in Commonwealth’s favor, jury could find attempted robbery; claim also waived for failure to preserve specifics |
| Jury instructions on attempted robbery | Commonwealth defended instructions as proper; no timely objection was made | Johnson argued the charge failed to require proof beyond a reasonable doubt for attempted robbery | Waived under Pa.R.Crim.P. 647 for lack of specific contemporaneous objection; no relief granted |
| Constitutional and juvenile-standard challenges to felony-murder application | Commonwealth relied on established law permitting felony-murder conviction without proving completion of predicate felony and on procedural default rules | Johnson argued felony-murder as applied to juveniles (and failure to charge underlying felony) violated constitutional protections and required juvenile-standard self-defense assessment | Claims waived for failure to raise them in Rule 1925(b) statement; appellate court affirmed sentence |
Key Cases Cited
- Commonwealth v. Hansley, 24 A.3d 410 (Pa. Super. 2011) (review standard for sufficiency of evidence)
- Commonwealth v. Jones, 874 A.2d 108 (Pa. Super. 2005) (sufficiency review and evidence viewed in light most favorable to verdict)
- Commonwealth v. Miller, 35 A.3d 1206 (Pa. 2012) (second-degree murder does not require proving commission of predicate felony; perpetration may include attempt)
- Commonwealth v. Williams, 959 A.2d 1252 (Pa. Super. 2008) (need to specify challenged elements to preserve sufficiency claims)
- Commonwealth v. Kearney, 92 A.3d 51 (Pa. Super. 2014) (appellate waiver for undeveloped issues)
- Commonwealth v. Pressley, 887 A.2d 220 (Pa. 2005) (contemporaneous objection requirement for jury charge errors under Rule 647)
- Commonwealth v. Hill, 16 A.3d 484 (Pa. 2011) (Rule 1925(b) and waiver doctrine reaffirmed)
- Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) (requirement to file Rule 1925(b) statement to preserve appellate issues)