Commonwealth v. Martuscelli
54 A.3d 940
| Pa. Super. Ct. | 2012Background
- Appellant was convicted by jury in Luzerne County on aggravated assault, assault of a police officer (Officer Brent Brown), terroristic threats, two counts of simple assault, and recklessly endangering another person.
- Appellant was represented by counsel who filed an Anders brief and petition to withdraw under Santiago; this Court granted withdrawal after verifying compliance with Anders requirements.
- Trial evidence showed Appellant during a 2009 incident in which he fired at neighbors and later at responding officers, with threats and statements suggesting suicidal intent and desire to engage in a forceful confrontation with police.
- Witnesses included Appellant’s wife (Ms. Smith), a neighbor (Mr. Grovich), and multiple officers who testified to gunfire, lighting a bright spotlight, and Appellant’s statements and actions during the standoff.
- A psychologist testified for the defense that Appellant suffered from depression and PTSD with a suicidal intent, but the expert acknowledged contemporaneous homicidal and suicidal intents could coexist.
- The trial court sentenced Appellant to twenty to forty years in prison; no post-sentence motions were filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evidence sufficient to support the convictions? | Commonwealth contends the доказательства proves each element beyond a reasonable doubt. | Appellant contends the evidence does not prove intent and element-specific requirements for each offense. | Sufficient evidence supports all convictions. |
| Did counsel's Anders brief and withdrawal comply with Santiago requirements and permit review? | Commonwealth asserts proper compliance with Anders and Santiago, allowing independent review. | Appellant argues the appeal may be frivolous and questions the withdrawal process. | Counsel's withdrawal granted; appeal deemed frivolous and affirmed. |
Key Cases Cited
- Commonwealth v. Clark, 746 A.2d 1128 (Pa. Super. 2000) (sufficiency standard applies to circumstantial evidence)
- Commonwealth v. Sanders, 627 A.2d 183 (Pa. Super. 1993) (circumstantial evidence sufficient if evidence links to crime beyond doubt)
- Commonwealth v. Badman, 580 A.2d 1367 (Pa. Super. 1990) (guilt requires more than mere suspicion or conjecture)
- Commonwealth v. West, 937 A.2d 516 (Pa. Super. 2007) (jury may believe all, some, or none of the evidence)
- Commonwealth v. Gruff, 822 A.2d 773 (Pa. Super. 2003) (definition of substantial step toward crime)
- Commonwealth v. Matthew, 909 A.2d 1254 (Pa. 2006) (intent to cause serious bodily injury may be shown by direct or circumstantial evidence)
- Commonwealth v. Eckrote, 12 A.3d 383 (Pa. Super. 2010) (bodily injury element and permissible inference of intent)
- Commonwealth v. Landis, 48 A.3d 432 (Pa. Super. 2012) (en banc standard for 2702.1(a) elements including firearm discharge)
- Commonwealth v. Hopkins, 747 A.2d 910 (Pa. Super. 2000) (reckless endangerment mens rea conscious disregard; brandishing evidence)
