Commonwealth v. Bullock
170 A.3d 1109
| Pa. Super. Ct. | 2017Background
- Appellant Lionel B. Bullock lived with his 92‑year‑old, oxygen‑dependent mother, Jessie Carter, and two minor children; Carter was largely bed‑confined and required continuous electric power for an oxygen machine.
- Michelle Reid (CNA) regularly cared for Carter and testified that Bullock kept Carter isolated, maintained unsanitary conditions, interfered with assistance, and said he intended to cut the electricity.
- On October 28, 2013, Bullock told a PECO employee to shut off the electricity despite Reid’s warnings that Carter needed power for oxygen; power was off for at least 45 minutes while Reid struggled to connect manual tanks and police/EMS were summoned; Carter was hospitalized and later died weeks after transfer to hospice.
- Bullock was convicted after a bifurcated bench trial of aggravated assault, simple assault, recklessly endangering another person (REAP), and terroristic threats; attempted murder was quashed and neglect acquittal followed extraordinary relief.
- At sentencing the court initially imposed 6–12 years, then after motions reconsidered and resentenced Bullock to 10–20 years for aggravated assault plus 5 years’ probation for terroristic threats; Bullock appealed, raising evidentiary, sufficiency, and sentencing challenges.
Issues
| Issue | Bullock’s Argument | Commonwealth/Trial Court Argument | Held |
|---|---|---|---|
| Admission of Bullock’s extrajudicial statements (corpus delicti) | Statements inadmissible because Commonwealth failed to prove a crime occurred by preponderance so corpus delicti rule bars his statements | Independent evidence (Reid’s eyewitness testimony, officer’s observation that electricity was off, motive/knowledge) proved corpus delicti so statements admissible | Court affirmed admission: corpus delicti proven by independent evidence; statements properly considered |
| Sufficiency of evidence for aggravated and simple assault (intent) | Actions were notice/eviction efforts, lacked requisite criminal intent | Circumstantial and direct evidence (threats, prior statements, knowledge of oxygen dependence, ordering cutoff, refusing help) supported intent to cause or risk serious bodily injury | Affirmed: evidence sufficient to infer intent; convictions upheld |
| Sufficiency for REAP and terroristic threats | REAP: no immediate danger because Carter breathed for 45 minutes; Terroristic threats: no crime of violence or intent to terrorize | REAP is lesser‑included of aggravated assault; deprivation of oxygen placed Carter in danger. Aggravated assault is a crime of violence; threats to cut power communicated intent to terrorize | Affirmed: REAP supported as lesser‑included; terroristic threats supported by evidence of threats and intent |
| Prior Record Score calculation | One out‑of‑state certified document lacked detail about a 1984 NJ sexual‑assault conviction so PRS miscalculated (should be lower) | PSI and other sources (NCIC, NJ court records cited in PSI) sufficiently documented the conviction; defendants bear burden to rebut | Affirmed: trial court reasonably relied on PSI and certified material; PRS not improperly calculated |
| Resentencing alleged vindictiveness and excessiveness | Court vindictively increased sentence on reconsideration without new information; final sentence was excessive and unreasonable above guidelines | Court properly exercised discretion to modify its sentence in response to Commonwealth motion, set forth objective reasons (victim’s age/vulnerability, pattern of abuse, lack of remorse, danger to public) and considered PSI; increased sentence supported by record | Affirmed: no presumption of vindictiveness applies (both parties moved); no abuse of discretion; sentence within statutory authority and justified on record |
Key Cases Cited
- Commonwealth v. Tyson, 119 A.3d 353 (Pa. Super. 2015) (admission of evidence reviewed for abuse of discretion)
- Commonwealth v. Taylor, 831 A.2d 587 (Pa. 2003) (confession inadmissible absent proof of corpus delicti)
- Commonwealth v. Reyes, 870 A.2d 888 (Pa. 2005) (two‑phase corpus delicti rule explained)
- Commonwealth v. Melvin, 103 A.3d 1 (Pa. Super. 2014) (sufficiency review standard; circumstantial evidence suffices)
- Commonwealth v. Fortune, 68 A.3d 980 (Pa. Super. 2013) (attempt and intent may be inferred from conduct)
- Commonwealth v. Smith, 956 A.2d 1029 (Pa. Super. 2008) (REAP is lesser‑included of aggravated assault)
- Commonwealth v. Robinson, 931 A.2d 15 (Pa. Super. 2007) (trial court may modify its own sentence on Commonwealth motion)
- Commonwealth v. Walls, 926 A.2d 957 (Pa. 2007) (abuse of discretion standard for reviewing sentences)
- Commonwealth v. Rossetti, 863 A.2d 1185 (Pa. Super. 2004) (upholding maximum sentence when court balanced aggravating/mitigating factors)
- Commonwealth v. Charles, 488 A.2d 1126 (Pa. Super. 1985) (defendant bears burden to contest validity of prior convictions; court may rely on PSI if defendant does not rebut)