Com. v. Roberson, D.
Com. v. Roberson, D. No. 3581 EDA 2015
| Pa. Super. Ct. | Mar 8, 2017Background
- In January 2015 Philadelphia officers observed Douglas Roberson commit a traffic violation, activated lights/siren, and stopped him.
- Officers approached; Roberson handed his license through the window while officers observed him moving his right hand toward the center console.
- Officers asked about a firearm; Roberson used profanity, put the car in drive, and fled at high speed. Officers initially pursued but discontinued the chase after obtaining his plate and license.
- Roberson testified he did not commit a traffic violation, denied having weapons/drugs, disputed officers’ requests to exit the vehicle, and said he left due to officers’ conduct and to go to property.
- Following a bench trial Roberson was convicted under 75 Pa.C.S. § 3733 (fleeing/attempting to elude) and sentenced to two years reporting probation; post-trial motion denied and appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to sustain conviction under 75 Pa.C.S. § 3733 | Commonwealth: uniformed officers in a marked car gave audible/visual signals, D recognized them, initially complied then willfully fled — evidence supports conviction | Roberson: contends evidence insufficient, claimed fear for safety and officer misconduct; disputed traffic violation (but did not develop statutory-element argument) | Court: Roberson waived detailed sufficiency challenge for lack of development; alternatively, evidence viewed in Commonwealth's favor was sufficient to affirm conviction |
Key Cases Cited
- Commonwealth v. McKellick, 24 A.3d 982 (Pa. Super. 2011) (standard for sufficiency review and deference to factfinder)
- Commonwealth v. Samuel, 102 A.3d 1001 (Pa. Super. 2014) (appellant must address elements to preserve sufficiency claim)
- Commonwealth v. McDonald, 17 A.3d 1282 (Pa. Super. 2011) (requirements for developing sufficiency claim on appeal)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures governing court-appointed counsel withdrawal when appeal frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Pa. rule interpretation for Anders-type filings)