Com. v. Stone, D.
1677 MDA 2015
| Pa. Super. Ct. | Jul 15, 2016Background
- After midnight on March 20, 2014, victim James Shickley encountered appellant Deriace Stone (and Jessica Steininger) at a Sheetz; later a white Honda with Stone as passenger returned to the victim’s home.
- Stone approached the victim, jumped on him, and stabbed him in the back near the right scapula with a knife; the victim sustained a 3 cm wound and was diagnosed with a traumatic hemopneumothorax requiring hospitalization for 48–72 hours.
- Steininger testified Stone had a 7–7.5 inch knife, discarded it in a field, and possessed the victim’s CDL paperwork after the attack; the victim’s wife observed part of the license plate and later reported the theft of the paperwork.
- Police and hospital testimony established the wound caused internal hemorrhaging in the chest and carried risks (shock, respiratory failure, sepsis) if untreated; the victim missed three weeks of work and suffered ongoing pain.
- Stone was convicted after a non-jury trial of aggravated assault (serious bodily injury), aggravated assault (deadly weapon), robbery, and conspiracy to commit robbery; sentenced to an aggregate 9–18 years’ imprisonment (concurrent terms).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault (serious bodily injury) | Commonwealth: wound and diagnosis (traumatic hemopneumothorax) created a substantial risk of death; knife used during robbery shows intent | Stone: injury was a single 3 cm puncture, vital signs stable, not life-threatening if treated; no proof of substantial risk of death or protracted impairment | Court: Evidence sufficient — injury and diagnosis could create a substantial risk of death; intent shown by use of a knife during robbery, conviction affirmed |
| Sufficiency of evidence for robbery (inflicting serious bodily injury during theft) | Commonwealth: evidence of theft (CDL paperwork taken) and inflicted serious bodily injury satisfy robbery elements | Stone: challenges serious bodily injury element (see above) | Court: Because serious bodily injury was proven, and evidence showed intent to steal and appropriation of paperwork, robbery conviction upheld |
Key Cases Cited
- Lehman v. Commonwealth, 820 A.2d 766 (Pa. Super. 2003) (standard for appellate sufficiency review)
- DiStefano v. Commonwealth, 782 A.2d 574 (Pa. Super. 2001) (evidence and credibility rules for appellate review)
- Gruff v. Commonwealth, 822 A.2d 773 (Pa. Super. 2003) (use of a deadly weapon can show intent to cause serious bodily injury)
- Martuscelli v. Commonwealth, 54 A.3d 940 (Pa. Super. 2012) (definition of attempt for aggravated assault)