Commonwealth v. Benito
133 A.3d 333
| Pa. Super. Ct. | 2016Background
- Appellant Brent Benito and victim L.C. were married; L.C. alone held the lease on an Upper Darby apartment where Benito had lived roughly four months.
- Relationship deteriorated; L.C. testified Benito had physically abused her and, while he was out of town, she changed the apartment locks and told him not to return.
- On December 29, 2013, Benito returned, found the changed locks, knocked, was refused entry, then forced the door open, placed a suitcase to block egress, retrieved a kitchen knife, and directed L.C. into the bedroom.
- L.C. was sexually assaulted; Benito was later tried and convicted by a jury of sexual assault and criminal trespass.
- Sentence: 4–8 years’ imprisonment for sexual assault and 2 years’ probation consecutive for criminal trespass; Benito appealed, arguing insufficient evidence for criminal trespass.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Benito) | Held |
|---|---|---|---|
| Whether evidence established lack of license/privilege for criminal trespass | L.C. revoked Benito’s permission; surrounding circumstances (lease in L.C.’s name, changed locks, refusal to admit, use of force) show he lacked privilege | Benito argued his cohabitation/marriage and four months’ residence gave him a natural privilege to be on the premises | Court held privilege was revoked by L.C.; evidence (including forced entry) supports conviction for criminal trespass |
Key Cases Cited
- Commonwealth v. Corbin, 446 A.2d 308 (Pa. Super. 1982) (defines "privilege" as naturally expected presence by habit or duty)
- Commonwealth v. Wholaver, 903 A.2d 1178 (Pa. 2006) (PFA/exclusion order can negate license to enter former marital home)
- Commonwealth v. Stallworth, 781 A.2d 110 (Pa. Super. 2001) (use of force to enter and PFA support finding lack of license or privilege)
- Commonwealth v. Woods, 638 A.2d 1013 (Pa. Super. 1994) (living apart and forceful entry indicate absence of license)
- Commonwealth v. Gordon, 477 A.2d 1342 (Pa. Super. 1984) (surrounding circumstances may establish lack of privilege)
- Commonwealth v. Walker, 559 A.2d 579 (Pa. Super. 1989) (principles on license/privilege overlap between burglary and trespass statutes)