Commonwealth v. Franklin
69 A.3d 719
| Pa. Super. Ct. | 2013Background
- Appellant Franklin Moses (a.k.a. Moses Franklin) was convicted at bench trial of resisting arrest and disorderly conduct and sentenced to one year nonreporting probation (Oct. 13, 2010).
- March 19, 2009, Philadelphia City Council meeting; disturbance on balcony as Rahman and others yelled and refused to sit; notices posted restricting signs and standing.
- Sergeant Rosario sought order; Grant and West assisted; Rahman shoved Grant and punched at officers; Appellant joined in by swinging at Grant.
- Officer West subdued Appellant after Appellant pulled away during arrest; underlying arrest for disorderly conduct was supported by probable cause.
- Appellant’s challenge centers on sufficiency of evidence for intent to cause public inconvenience or recklessness; Commonwealth argues evidence supports mens rea and that arrest was lawful.
- Court affirms convictions and notes conflicting use of Moses Franklin vs Franklin Moses in the record; opinion relies on standard of review for sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of disorderly conduct proof of mens rea | Moses | Moses argues no intent to cause public nuisance | Insufficient argument; court holds evidence supports intent to cause substantial harm or serious inconvenience |
| Lawfulness of underlying arrest for resisting arrest | Moses | Moses claims arrest was unlawful | Arrest lawful; probable cause supported disorderly conduct, sustaining resisting arrest conviction |
| Standard of review for sufficiency of evidence | Commonwealth | N/A | Evidence viewed in light most favorable to verdict; circumstantial evidence permitted; credibility for sufficiency upheld |
Key Cases Cited
- Commonwealth v. Widmer, 560 Pa. 308 (Pa. 2000) (standard for sufficiency of evidence; evaluating in favor of verdict)
- Commonwealth v. Brewer, 876 A.2d 1029 (Pa. Super. 2005) (evidence need not be mathematically certain; reasonable inferences ok)
- Commonwealth v. Aguado, 760 A.2d 1181 (Pa. Super. 2000) (facts need not be absolutely incompatible with innocence)
- Commonwealth v. DiStefano, 782 A.2d 574 (Pa. Super. 2001) (appellant's guilt supported by circumstantial evidence when coupled with inferences)
- Commonwealth v. Pettyjohn, 64 A.3d 1072 (Pa. Super. 2013) (summarizes sufficiency standard; review of elements beyond reasonable doubt)
- Commonwealth v. Jackson, 592 Pa. 232 (Pa. 2007) (lawfulness of arrest depends on probable cause)
- Commonwealth v. Fedorek, 596 Pa. 475 (Pa. 2008) (grading of disorderly conduct; substantial harm or persistence after warning)