Com. v. Quinones, C.
2661 EDA 2015
Pa. Super. Ct.Sep 26, 2017Background
- Infant N.C., born Oct. 2013, suffered multiple fractures between Dec. 2013 and Jan. 24, 2014 (including an acute transverse humeral fracture and prior healed femur and tibial fractures); injuries consistent with adult force and unlikely from accidents described by mother.
- Mother Crystal Quinones initially charged with one count of endangering the welfare of a child (EWOC), pleaded guilty in exchange for a cap of 12 months, then withdrew the plea; Commonwealth thereafter filed an amended information adding two counts of aggravated assault.
- Medical expert (Dr. Esernio-Jenssen) testified fractures required tremendous force, caused severe pain, could lead to permanent complications if untreated, and were consistent with nonaccidental trauma.
- Quinones gave evolving explanations (box fan, arm pull while dressing, stepping on arm) in noncustodial interviews; she denied others caused injuries and did not seek prompt care for some incidents.
- Jury convicted Quinones of two counts of aggravated assault and one count of EWOC; trial court sentenced her to aggregate 8.5 to 17 years’ imprisonment. Quinones appealed raising four claims.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Quinones) | Held |
|---|---|---|---|
| 1. Whether Commonwealth breached pretrial promise not to add aggravated assault after Quinones waived preliminary hearing | No enforceable breach; rule governing preliminary-hearing waivers (Pa.R.Crim.P. 541) controls and Quinones failed to demand a new preliminary hearing when charges were amended | There was an oral agreement that Commonwealth would prosecute only EWOC if she waived the preliminary hearing; breach entitles her to dismissal of aggravated assault counts | Waiver: claim waived on appeal for not being preserved below; merits rejected — remedy would have been to demand a preliminary hearing under Rule 541(A)(2); no relief granted |
| 2. Sufficiency of evidence for aggravated assault under 18 Pa.C.S. § 2702(a)(9) (serious bodily injury) | Medical testimony and circumstantial evidence support finding of serious bodily injury (protracted impairment/risk) given repeated fractures, pain, and potential for permanent/ life‑threatening complications | Fractures in infants heal quickly; injuries amounted only to bodily injury/substantial pain, not "serious bodily injury" under § 2301 | Held: evidence sufficient — expert explained fractures were severe, caused highest level pain, risked protracted impairment and serious complications; jury verdict upheld |
| 3. Exclusion of character evidence from Quinones's parents (good-parent reputation) | Character evidence not admissible as offered because defense did not present proper offer of proof showing reputation testimony; parents’ testimony was impermissible opinion/specific instances, not community reputation | Excluding parents’ testimony that she was a good/careful parent deprived Quinones of admissible character evidence that could create reasonable doubt | Held: no abuse of discretion — trial court properly required reputation testimony (Pa.R.E. 404/405); defense failed to make required offer of proof, so exclusion upheld |
| 4. Discretionary aspects of sentence (outside guidelines; manifestly excessive) | Sentencing court articulated case-specific reasons (very young victim, repeated fractures, defendant as caretaker, defendant’s credibility) supporting deviation; sentence within statutory limits | Sentence exceeds guideline ranges without adequate on‑record reasons and is unreasonable given statutory purposes | Held: no abuse of discretion — court considered PSI and explained factual basis for upward deviation; aggregate sentence not unreasonable under 42 Pa.C.S. § 9781(d) |
Key Cases Cited
- Commonwealth v. Martin, 101 A.3d 706 (Pa. 2014) (standard for sufficiency review and circumstantial evidence)
- Commonwealth v. Murray, 502 A.2d 624 (Pa. Super. 1985) (preliminary-hearing principles; new preliminary hearing after amendment)
- Commonwealth v. Rogers, 610 A.2d 970 (Pa. Super. 1992) (purpose of preliminary hearing is to establish prima facie case)
- Commonwealth v. Keaton, 45 A.3d 1050 (Pa. 2012) (character evidence must reflect community reputation)
- Commonwealth v. Minich, 4 A.3d 1063 (Pa. Super. 2010) (definition of pertinent character evidence under Pa.R.E. 404)
- Commonwealth v. Walls, 926 A.2d 957 (Pa. 2007) (abuse-of-discretion standard for sentencing review and role of guidelines)
- Commonwealth v. Bowen, 55 A.3d 1254 (Pa. Super. 2012) (trial court must state reasons on record when imposing sentence outside guidelines)