IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA OPINION AND ORDER. which seeks habeas corpus relief. The relevant facts follow.

Similar documents
IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA OPINION AND ORDER

COMMONWEALTH : : : No. CR : TYDRIC RICHARDSON, : Omnibus Pretrial Motion Defendant :

COMMONWEALTH : : : No. CR : AMY MORGRET, : Defendant : Omnibus Pretrial Motion OPINION AND ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. : vs. : : : : Omnibus Pretrial Motion/ OPINION AND ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA OPINION AND ORDER

COMMONWEALTH : : : No. CR : CARLOS R. CASTRO, JR., : Defendant : Defendant s (second) Motion to Suppress OPINION AND ORDER

COMMONWEALTH OF PA : No. CR : vs. : : Petition for Habeas Corpus SHAWN RHINEHART, : RE: Counts 6 and 7 Defendant OPINION AND ORDER

COMMONWEALTH : : : No. CR : Defendant was taken into custody on July 7, she was released on unsecured intensive supervised bail.

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. IN THE INTEREST OF: : EC, : No. JV : A Juvenile : OPINION AND ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA : : : : : OPINION AND ORDER

: CP-41-CR vs. : : : SETH REEDER, : dated January 12, 2015, in which the court summarily denied Appellant s motion for

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. : PCRA without holding a hearing OPINION AND ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. : Without an Evidentiary Hearing OPINION AND ORDER

2017 and entered on the docket on September 29, The relevant facts follow. have any sexual offender registration requirements.

IN THE COURT OF COMMON PLEAS FOR LYCOMING COUNTY, PENNSYLVANIA OPINION AND ORDER

males allegedly involved in narcotics activities on the timeliness of Defendant s motion.

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. : vs. : : Motion to Dismiss JOHN BUDD, : Defendant :

: vs. : : JERMAINE WEEKS, : Defendant :

COMMONWEALTH : : : No. CR : MICHAEL DeSCISCIO, : Motion to Establish Number of Defendant : Prior Offenses OPINION AND ORDER

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA OPINION AND ORDER. Possession of Drug Paraphernalia and one traffic summary.

COMMONWEALTH : : : No. CR : JOSEPH JENNINGS, : Defendant : Motion to Dismiss Pursuant to Rule 600 OPINION

COMMONWEALTH : : : No. CR : DURWARD ALLEN, : Defendant : Omnibus Pretrial Motion OPINION AND ORDER

ON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2013

COMMONWEALTH : : : No. CR : ROCCO BENEFIELD, : Defendant : Motion to Dismiss Pursuant to Rule 600 OPINION AND ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

: : CRIMINAL DIVISION : : : Notice of Intent to Dismiss PCRA : Without Holding An Evidentiary Hearing OPINION

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No. 114 MDA 2013

involving separate victims in six other cases. 1 The court denied the motions, and Barto

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA CRIMINAL DIVISION

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2014

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

: No. CR : OPINION AND ORDER. driving under the influence (DUI) and summary offenses. Defendant s formal court

E-Filed Document Jun :33: KA COA Pages: 12 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO.

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA OPINION AND ORDER. transfer of firearms and persons not to possess.

UNITED STATES COURT OF APPEALS

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA O P I N I O N AND O R D E R

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL

Third District Court of Appeal State of Florida

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

vs. : CR : FREDERICK POPOWICH, : Post-Sentence Motion Defendant : OPINION AND ORDER Before the Court is Defendant s Post-Sentence Motion.

COMMONWEALTH : : : No. CR : OPINION AND ORDER. fleeing or attempting to elude a police officer, a felony of the third degree.

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. COMMONWEALTH OF PENNSYLVANIA : CR v. : : SALADIN BROWN : HABEAS Defendant :

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. Nos & September Term, 2014 ANTHONY NYREKI EDWARDS STATE OF MARYLAND

SHAWN M. RHINEHART, : Petitioner : vs. : No s and : COMMONWEALTH OF :

FACTUAL AND PROCEDURAL BACKGROUND

COMMONWEALTH OF PENNSYLVANIA, : Plaintiff, : 608 MDA 2014 vs. : : DOCKET NO. CR JASON EDWARD BEAMER, :

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. Following a jury trial that took place on June 23, 2017, the defendant was

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. COMMONWEALTH OF PA : : No. CR : DARRELL DAVIS, : OPINION AND ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

2013 PA Super 132. BEFORE: MUSMANNO, PANELLA and STRASSBURGER*, JJ. OPINION BY MUSMANNO, J.: FILED: May 28, 2013

: CR vs. : : CRIMINAL DIVISION : CODY HAMMAKER, : 2017 aggregate judgment of sentence of 5 to 15 years imprisonment following the

IN THE COURT OF COMMON PLEAS FOR LYCOMING COUNTY, PENNSYLVANIA CRIMINAL DIVISION

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P : : : : : : : : :

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO. v. NO. 33,258. APPEAL FROM THE DISTRICT COURT OF LEA COUNTY Gary L. Clingman, District Judge

RULE CHANGE 2018(05) COLORADO RULES OF CRIMINAL PROCEDURE

RENDERED: AUGUST 21, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No WDA 2013

APPLICATION FOR WRIT OF HABEAS CORPUS

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT GALLIA COUNTY

Appeal from the Order of September 4, 2001, in the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. COMMONWEALTH OF : NO ,880 PENNSYLVANIA : : CRIMINAL vs. : : : Relief Act Petition

Appeal from School Board of Director's Resolution; Preliminary Objections

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION MEMORANDUM OPINION

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No EDA 2012

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

ALABAMA COURT OF CRIMINAL APPEALS

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

IN THE COURT OF APPEALS OF INDIANA

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No MDA 2013

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA

CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. : MD v. : : CMG, : Petition for Expungement Defendant : OPINION AND ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA. COMMONWEALTH OF : PENNSYLVANIA : NO: CR ; : vs. : : : LEON BODLE :

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No. 57 EDA 2014

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO. : O P I N I O N - vs - 4/26/2010 :

v. Record No OPINION BY JUSTICE DONALD W. LEMONS November 2, 2001 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA

2011 PA Super 108. Appeal from the Order entered April 14, 2010, Court of Common Pleas, Berks County, Criminal Division at No. CP-06-CR

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

I N T H E H I G H C O U R T O F S O U T H A F R I C A ( C A P E O F G O O D H O P E P R O V I N C I A L D I V I S I O N )

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No. 258 MDA 2013

: No. CR : OPINION AND ORDER

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

Transcription:

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA COMMONWEALTH No. CR-1244-2014 vs. BETHANY SHIRK, Defendant OPINION AND ORDER This matter came before the court on Defendant s omnibus pretrial motion, which seeks habeas corpus relief. The relevant facts follow. Rachel Lehman received an armoire of her grandmother s jewelry from her aunt. The armoire was filled with necklaces, rings, bracelets, earrings and pins. She kept the armoire in her room. She showed the jewelry to Defendant and told her the jewelry was her gram s and very valuable. She did not give Defendant or anybody else permission to take any of the jewelry. When she came home from her dad s one weekend a month or two later, some of the drawers of the armoire were open and numerous pieces of jewelry, including a bracelet and several rings were missing. Defendant was the girlfriend of Ms. Lehman s brother Cody. Ms. Lehman showed her the jewelry right after Defendant started living with her brother in the hut behind her house. Defendant was not still living in the hut with Cody when Ms. Lehman realized that the jewelry was missing. One day Christina Barr was at the Rails To Trails with Defendant, Ms. Lehman s brother Marshall and his fiancé. Defendant had a lot of rings on her fingers and she gave two of them to Ms. Barr one for Ms. Barr and one for her daughter. Defendant 1

claimed that the rings were her grandmother s. A day or two later Ms. Barr got a phone call from Marshall s mom, who told Marshall that some of his grandmother s rings were missing from his sister s jewelry box and she suspected Bethany because she was at the house last. When Ms. Barr found out, she described the rings she got from Bethany over the phone and later showed the rings to Marshall s mom and Ms. Lehman, who identified one of the rings as one of the grandmother s rings taken from the armoire and the other ring was Marshall s aunt s ring. Ms. Barr returned the rings to the Lehmans. Ms. Barr also testified that she had observed Defendant wearing a butterfly shaped mood ring during a period of time when Defendant and Cody had broken up and before they got back together. The Lehmans reported about $6,000 worth of jewelry as stolen, which consisted of a diamond tennis bracelet and six rings, including a mood ring with a butterfly shape. Captain Jeirles of the Tiadaghton Valley Regional Police Department interviewed Defendant. She denied taking the jewelry but admitted that she had been inside the Lehman residence, Rachel Lehman had shown her various items of jewelry and that her fingerprints could be inside Rachel Lehman s bedroom because she helped clean in the past. Defendant was charged with theft by unlawful taking and receiving stolen property. She filed an omnibus pretrial motion in which she asserted that the evidence was insufficient to show that she took the property or even possessed the other six items. The proper means to attack the sufficiency of the Commonwealth s evidence pretrial is through the filing of a petition for writ of habeas corpus. Commonwealth v. Marti, 779 A.2d 1177, 1179 n.1 (Pa. Super. 2001). At a habeas corpus hearing, the issue is whether the Commonwealth has presented sufficient evidence to prove a prima facie case against the 2

defendant. See Commonwealth v. Williams, 911 A.2d 548, 550 (Pa. Super. 2006). A prima facie case consists of evidence, read in the light most favorable to the Commonwealth, that sufficiently establishes both the commission of a crime and that the accused is probably the perpetrator of that crime. Commonwealth v. Packard, 767 A.2d 1068, 1070 (Pa. Super. 2001). The prima facie standard does not require that the Commonwealth prove the elements of the crime beyond a reasonable doubt nor that evidence is available that would prove each element at trial beyond a reasonable doubt. Commonwealth v. Austin, 394 Pa. Super. 146, 575 A.2d 141, 143 (1990). A defendant is guilty of theft by unlawful taking or disposition if she unlawfully takes, or exercises unlawful control over, movable property of another with the intent to deprive her thereof. 18 Pa.C.S. 3921(a); Commonwealth v. Young, 35 A.3d 54, 62 (Pa. Super. 2011), appeal denied, 48 A.3d 1249 (Pa. 2012). A defendant is guilty of receiving stolen property if she intentionally receives, retains, or disposes of movable property of another knowing it has been stolen or believing it has probably been stolen, unless the property is received, retained or disposed with the intent to restore it to the owner. 18 Pa.C.S. 3925; see also Young, supra. When the evidence presented at the preliminary hearing is considered as a whole and all the reasonable inferences that can be drawn therefrom are viewed in the light most favorable to the Commonwealth, the evidence is sufficient to establish a prima facie case that the crimes of theft by unlawful taking and receiving stolen property occurred and that Defendant was probably the one who committed those crimes. The victim showed Defendant her jewelry and told Defendant how valuable it 3

was to her. Although Defendant denied committing these crimes, Defendant had access to the victim s home and admitted to police that her fingerprints might be found inside the victim s bedroom. Defendant gave one of the victim s rings to another person, which shows that she intended to permanently deprive the victim of the jewelry. The other person also observed Defendant in possession of another ring that the victim reported stolen. Since all the jewelry was kept in the same place and discovered missing at the same time, a jury could infer that Defendant stole all the jewelry and not just the items that Ms. Barr observed in Defendant s possession. From this evidence a jury could conclude that Defendant committed the crimes of theft by unlawful taking and receiving stolen property. Defendant s reliance on McFarland 1 is misplaced. The issue in McFarland was the sufficiency of the evidence to prove the crimes beyond a reasonable doubt, not the lower prima facie standard required at the preliminary hearing stage. Furthermore, there was no evidence in McFarland that the appellant had any opportunity to steal the items or any relationship to the victims. Here, although the victim did not know the exact date that the times were stolen, the evidence shows that the victim showed Defendant the property and told her how valuable it was. Defendant also had access to the victim s residence and admitted that her fingerprints might be found in the victim s room. Accordingly, the following order is entered 1 Commonwealth v. McFarland, 308 A.2d 592 (Pa. 1973). 4

ORDER AND NOW, this day of January 2015, the court DENIES Defendant s omnibus pretrial motion which seeks habeas corpus relief. By The Court, Marc F. Lovecchio, Judge cc Anthony Ciuca, Esquire (ADA) Joshua Bower, Esquire (APD) Gary Weber, Esquire (Lycoming Reporter) Work file 5