Com. v. Osorio, M.
Com. v. Osorio, M. No. 723 WDA 2016
| Pa. Super. Ct. | Apr 7, 2017Background
- Miriam Anjia Osorio received summary citations for failing to yield to a pedestrian (75 Pa.C.S. § 3542(a)) and failing to obey a traffic control person (75 Pa.C.S. § 3102) after an incident on March 4, 2015.
- A Pleasant Hills crossing guard, Denise Laboon, testified she stepped into an intersection to stop traffic, raised her hand to stop Osorio, and observed Osorio begin to stop but then drive through the intersection while a child was in the crosswalk. Laboon recorded Osorio’s license plate.
- Following a de novo bench hearing on May 17, 2016, the trial court found Osorio guilty and imposed $75 in fines plus costs.
- The trial court ordered a Pa.R.A.P. 1925(b) statement; Osorio filed it two days late. The trial court issued a 1925(a) opinion without addressing the tardy filing.
- On appeal, Osorio (pro se) challenged, principally, the weight/credibility of the evidence (arguing the trial court should not have credited the crossing guard). The Superior Court held her appellate claims were waived for failure to timely file the 1925(b) statement and for failing to preserve a weight challenge before sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellant’s appellate issues are preserved given late Rule 1925(b) filing | Commonwealth: timely compliance required; late filing waives issues | Osorio: (implicitly) sought review of trial-court credibility findings despite late filing | Waived — late 1925(b) statement barred issues on appeal under Hill and Lord |
| Whether weight-of-the-evidence claim is preserved | Commonwealth: weight challenge must be raised before sentencing per Pa.R.Crim.P. 607(A) | Osorio: contested trial-court credibility of eyewitness and sought reversal on that basis | Waived — Osorio failed to raise weight claim orally or in writing before sentencing |
| Whether trial court abused discretion in crediting crossing guard testimony | Commonwealth: eyewitness credible; court reasonably found guard credible | Osorio: trial court should not have credited guard over her account | If reached on merits, no abuse of discretion; trial court credibility finding stands |
| Whether summary convictions should be reversed | Commonwealth: convictions supported by testimony and preserved procedure | Osorio: sought reversal based on evidence weight/credibility | Affirmed — convictions upheld; preservation failures dispositive |
Key Cases Cited
- Commonwealth v. Smith, 868 A.2d 1253 (Pa. Super. 2005) (no general right to counsel in summary convictions)
- Commonwealth v. Hill, 16 A.3d 484 (Pa. 2011) (failure to timely file Rule 1925(b) statement results in waiver; courts may not excuse deviations)
- Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) (issues not raised in a timely 1925(b) statement are waived)
- Commonwealth v. Gibbs, 981 A.2d 274 (Pa. Super. 2009) (weight-of-the-evidence challenges concern credibility and must be preserved under Pa.R.Crim.P. 607(A))