Com. v. Taylor, M.
Com. v. Taylor, M. No. 2521 EDA 2015
| Pa. Super. Ct. | Feb 23, 2017Background
- Maurice Taylor was convicted after a bench trial of aggravated assault (first-degree felony) and multiple gun- and assault-related offenses for attacking Alisa Gardner at her home in April 2011.
- Victim had bruising, hair-pulling, a cut lip, broken ribs, and a lacerated liver; police found a firearm among Taylor’s belongings after arrest following a struggle.
- At trial the victim testified Taylor held her against her will, held a gun to her head, threatened to kill her, slapped, kicked, and stomped her.
- Taylor was sentenced to an aggregate term of 6 to 14 years’ imprisonment; he did not file a timely direct appeal but later obtained reinstatement nunc pro tunc of his direct-appeal rights via PCRA.
- On appeal Taylor challenged sufficiency of the evidence for aggravated assault, arguing the Commonwealth failed to prove specific intent to cause serious bodily injury.
- The Superior Court reviewed the record de novo and considered whether the evidence supported a finding that Taylor attempted to cause serious bodily injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Commonwealth proved specific intent to cause serious bodily injury for aggravated assault | Commonwealth: victim’s injuries, Taylor’s conduct (kicking, stomping, holding loaded gun to head, threats) allow inference of intent and attempt to cause serious bodily injury | Taylor: evidence insufficient; no weapon used on victim, merely pointing a gun is at most simple assault, and injuries did not rise to serious bodily injury | Held: Sufficient evidence of attempt to cause serious bodily injury; conviction affirmed |
Key Cases Cited
- Commonwealth v. Ratsamy, 934 A.2d 1233 (Pa. 2007) (standard for sufficiency review; view evidence in light most favorable to Commonwealth)
- Commonwealth v. Holley, 945 A.2d 241 (Pa. Super. 2008) (definition of serious bodily injury and intent may be proved circumstantially)
- Commonwealth v. Matthews, 870 A.2d 924 (Pa. Super. 2005) (pointing a gun alone may be insufficient for aggravated assault, but surrounding conduct can support inference of intent)
- Commonwealth v. Galindes, 786 A.2d 1004 (Pa. Super. 2001) (attempt requires substantial step toward inflicting serious bodily injury)