Com. v. Fryer, D. ( 2023 )

J-S22027-22
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
DEVON FRYER :
:
Appellant : No. 1750 EDA 2020
Appeal from the Judgment of Sentence Entered April 28, 2017
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0009294-2015
BEFORE: BOWES, J., McCAFFERY, J., and SULLIVAN, J.
MEMORANDUM BY McCAFFERY, J.: FILED FEBRUARY 22, 2023
Devon Fryer (Appellant) appeals nunc pro tunc from the judgment of
sentence entered in the Philadelphia County Court of Common Pleas following
his non-jury convictions of aggravated assault, simple assault, reckless
endangerment of another person (REAP), and possession of an instrument of
crime (PIC).1 Appellant’s convictions stem from a knife attack on his girlfriend,
Michelle Walter (Victim). He challenges both the sufficiency and weight of the
evidence as well as the trial court’s rulings on the admissibility of evidence
pertaining to certain character evidence regarding Victim. We affirm.
On July 9, 2015, around 1:30 a.m., Appellant and Victim engaged in a
verbal argument outside of the home she shared with her mother on
Fairmount Avenue in Philadelphia, Pennsylvania. N.T. 1/27/17, at 30-31, 54,
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1 18 Pa.C.S. §§ 2702(a)(4), 2701(a)(1), 2705, 907(a).
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60. The argument turned physical when Appellant pulled a “sheetrock knife”
out of his pocket and stabbed Victim several times. Id. at 33. Victim called
the police, who arrested Appellant later that night. Id. at 41, 73, 77. He was
charged with aggravated assault, simple assault, REAP, and PIC.
This case proceeded to a bench trial on January 27, 2017, where the
Commonwealth presented the testimony of Victim and Philadelphia Police
Officers Eric Miller and Robert Snyder. The trial court summarized the
evidence as follows:
On July 9[, 2015, Victim] picked up [A]ppellant from his
home in Lansdowne, [Pennsylvania] to spend the night at
[Victim’s] mother’s house [on] Fairmount Avenue. When they
arrived[, she] confronted [A]ppellant over his infidelity and lack of
financial support for their child. [Victim] took [A]ppellant’s phone
out of his hands after he refused to let her look through his text
messages[.] Appellant then got angry, calling [V]ictim names
while trying to take his phone back. When [Appellant] was unable
to get his phone back, [he] pulled a sheetrock knife he used in his
construction job from his work . . . pants and started to stab
[Victim] with it.
[Victim] testified that the sheetrock knife was about 16
inches, but with “pointy little ridges[,]” making it more difficult to
inflict a stab wound. [She] testified that [A]ppellant struck her
with the knife “no more than [ten] times,” in her arm, and also
once in her left upper thigh. Most of the wounds felt more like
“hard hits” that did not break the skin, but one bigger wound to
her arm went through the skin and bled a lot.
Appellant ran up the street once [Victim] told him she was
calling the police. [Victim] told Officer Miller[, who responded to
her 911 call,] that she . . . got into an argument with [Appellant],
who had then punched her in the head, cut her with a knife, and
stabbed her in the hand.
[Victim] testified that she does usually carry a knife[. However,
her] injuries are consistent with the unique nature of [A]ppellant’s
sheetrock knife.
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At approximately 3:00 [a.m.], nearly two hours after the
altercation, Officer Snyder [and his partner] found [A]ppellant
walking down the 3900 block of Brown Street. [Officer] Snyder
testified that [A]ppellant did not appear to be walking with a limp,
but . . . told [the officer] he had been stabbed[. Appellant did not
inform the officer “how” he got the stab wound]. Appellant
provided . . . his name, at which point he was taken into custody
pursuant to the investigation from earlier in the night and taken
to the hospital.
Medical records from that night indicate that [A]ppellant had
suffered a laceration to his leg, not a stab would that needed “20
stitches[,” as Appellant claimed. Victim] missed “one or two days”
of work due to the injury and felt some pain around the scar when
she would touch it at trial.
Trial Ct. Op., 10/20/21, at 2-4 (paragraph breaks added); N.T. Trial (Waiver)
Vol. 1, 1/27/17, at 73. Victim also testified that she “never stabbed” Appellant
before or on July 9, 2015. N.T. 1/27/17, at 52.
Appellant claimed he acted in self-defense, testifying to the following:
(1) Victim stabbed him in the leg with a pocketknife; (2) Victim’s wound
occurred when Appellant attempted to get the knife away from her, causing
the knife to “poke[ ] her in the arm[;]” (3) after being stabbed, he “got some
alcohol to relieve the pain[;]” (4) he told officers on the night of the incident
that Victim stabbed him; (5) he received “20 stitches” for the stab wound, but
also he was “not sure” how many stitches he received; (6) he did not intend
to cause Victim harm on the night of the incident; (7) prior to this incident,
Victim stabbed Appellant “14 times” on other occasions; (8) one of the 14
stabbings resulted in Victim’s arrest where she was charged with attempted
murder; and (9) he had further contact with Victim after the incident at issue
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in September 2016.2 N.T. 1/27/17, at 80, 91-93, 96-97, 99-101, 110, 112-
13, 119.
At the conclusion of the testimony, the trial court found Appellant guilty
on all charges. This matter proceeded to sentencing on April 28, 2017, where
Appellant submitted medical documents related to: (1) a chest wound from
2008 he received after Victim stabbed him; (2) an injury he sustained after
this incident related to an open matter in Delaware County where Appellant
was the victim and Victim was the defendant; and (3) an incident in November
2016 where Victim stabbed him in the arm. N.T. Sentencing Volume 1,
4/28/17, at 3, 24, 40. During allocution, Appellant detailed a history of Victim
stabbing him on several occasions both before and after the July 9, 2015,
incident. Id. at 35-48. The trial court noted that the information in the pre-
sentence investigation (PSI) report did not reflect the same injuries Appellant
claimed Victim inflicted upon him. Id. at 52. The trial court then sentenced
Appellant to two and a half to five years’ incarceration followed by a term of
five years’ probation for his aggravated assault conviction. Regarding his
conviction for REAP, the court sentenced him to a term of five years’ probation
that was to be served concurrent to his probation for aggravated assault.
Appellant received no further penalty on the remaining charges.
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2 The details of this further contact were stricken from the record. N.T.
1/27/17, at 110-11.
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Appellant filed an untimely post-sentence motion, raising challenges to
the sufficiency of the evidence and the discretionary aspects of sentencing,
that was denied by operation of law. He also filed an untimely notice of appeal,
which this Court quashed. Order, 5/18/18. Appellant then filed a timely,
counseled petition under the Post-Conviction Relief Act (PCRA),3 alleging trial
counsel was ineffective for failing to file a timely post-sentence motion and
notice of appeal. See Appellant’s Amended Petition Under Post-Conviction
Relief Act, 9/11/19, at 6, 9-12. The PCRA court granted the petition, allowing
him to file a post-sentence motion and notice of appeal nunc pro tunc. Order,
9/10/20. Appellant did not file a post-sentence motion, but did file a timely
notice of appeal and complied with the trial court’s order to file a concise
statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b).
On appeal, he raises the following claims:
I. Whether the evidence was insufficient to sustain guilty
verdicts for aggravated assault[,] simple assault, and PIC
where Appellant testified that [Victim] was the aggressor,
that he never possessed the alleged weapon, that [Victim]
was injured while he was attempting to get away from her,
and where she had assaulted him on prior and subsequent
occasions.
II. Whether the verdicts were against the weight of the
evidence when [Victim] was the aggressor, and [she] was
arrested prior to trial for approaching and repeatedly
striking him resulting in injury, particularly where
Appellant’s defense at trial was self-defense.
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3 42 Pa.C.S. §§ 9541-9546.
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III. Whether the trial court erred in not permitting Appellant to
testify regarding [Victim’s] aggressive and previous attacks
on him, which resulted in injury and hospitalization.
IV. Whether the trial court erred in not permitting Appellant to
testify regarding [Victim’s] subsequent arrest where she
approached and repeatedly struck him causing injury,
particularly where Appellant’s defense at trial was self-
defense, and where he alleged that she had previously, on
multiple occasions attacked him causing injury.
Appellant’s Brief at 8.4
First, Appellant challenges the sufficiency of the evidence supporting his
convictions of aggravated assault, simple assault, and PIC. Appellant’s Brief
at 14. He maintains that for the trial court to “find [Victim’s] testimony
sufficient to sustain [these convictions] would be an extrapolation of
inferences based on suspicion[.]” Id. at 19. Instead, he contends that his
testimony demonstrated Victim was the initial aggressor, he was a victim
merely acting in self-defense, and he never possessed a weapon. Id. at 20-
21. Appellant then insists Victim’s trial testimony was inconsistent where she
stated: (1) Appellant violently attacked her, but she only received “a single
stitch” later at the hospital; and (2) she did not stab Appellant that night even
though medical records showed he suffered a stab wound. Id. at 19, 21-22.
Appellant contends this “conflicting testimony . . . demonstrated the
Commonwealth failed to meet its burden” at trial. Id. at 21.
We review a challenge to the sufficiency of the evidence by the following
standard:
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4 Appellant’s claims have been reordered for ease of review.
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As a general matter, our standard of review [for a sufficiency
claim] requires that we evaluate the record in the light most
favorable to the verdict winner giving the prosecution the benefit
of all reasonable inferences to be drawn from the evidence.
Evidence will be deemed sufficient to support the verdict when it
establishes each material element of the crime charged and the
commission thereof by the accused beyond a reasonable doubt.
Nevertheless, the Commonwealth need not establish guilt to a
mathematical certainty. Any doubt about the defendant’s guilt is
to be resolved by the fact finder unless the evidence is so weak
and inconclusive that, as a matter of law, no probability of fact
can be drawn from the combined circumstances.
The Commonwealth may sustain its burden by means of
wholly circumstantial evidence. Accordingly, [t]he fact that the
evidence establishing a defendant’s participating in a crime is
circumstantial does not preclude a conviction where the evidence
coupled with the reasonable inferences drawn therefrom
overcomes the presumption of innocence. Significantly, we may
not substitute out judgment for that of the fact finder; thus, so
long as the evidence adduced, accepted in the light most favorable
to the Commonwealth, demonstrates the respective elements of
a defendant’s crimes beyond a reasonable doubt, the . . .
convictions will be upheld.
Commonwealth v. Windslowe, 158 A.3d 698, 708-09 (Pa. Super. 2017)
(citation omitted).
An individual commits aggravated assault, a felony in the second
degree, where they “attempt[ ] to cause or intentionally or knowingly cause[ ]
bodily injury to another with a deadly weapon.” 18 Pa.C.S. § 2702(a)(4). To
be convicted of simple assault, the Commonwealth must demonstrate a
defendant “attempt[ed] to cause or intentionally, knowingly or recklessly
cause[ed] bodily injury to another.” 18 Pa.C.S. § 2701(a)(1). A defendant is
guilty of PIC when they possess “any instrument of crime with the intent to
employ it criminally.” 18 Pa.C.S. § 907(a).
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Because Appellant’s sufficiency challenge mainly pertains to his claim
that the Commonwealth failed to meet its burden of disproving his self-
defense argument, we note the following:
While there is no burden on a defendant to prove the [self-
defense] claim, before that defense is properly at issue at
trial, there must be some evidence, from whatever source
to justify a finding of self-defense. If there is any evidence
that will support the claim, then the issue is properly before
the fact finder.
If the defendant properly raises “self-defense [,] the burden is on
the Commonwealth to prove beyond a reasonable doubt that the
defendant’s act was not justifiable self-defense.”
The Commonwealth sustains this burden if it establishes at
least one of the following: 1) the accused did not reasonably
believe that he was in danger of death or serious bodily
injury; or 2) the accused provoked or continued the use of
force; or 3) the accused had a duty to retreat and the retreat
was possible with complete safety.
The Commonwealth must establish only one of these three
elements beyond a reasonable doubt to insulate its case from a
self-defense challenge to the evidence.
Commonwealth v. Smith, 97 A.3d 782, 787 (Pa. Super. 2014) (citations
omitted).
The trial court concluded the Commonwealth sustained its burden for
the above offenses. Specifically, it opined:
[Victim]’s testimony that [A]ppellant drew the knife from his
pocket in anger after [she] took his phone . . . was found credible
by the court. Furthermore, [Victim]’s testimony was corroborated
by Officer Miller’s testimony regarding . . . the night of the attack.
In contrast, the [c]ourt agreed with the [Commonwealth] that
[A]ppellant’s account where [Victim]’s stab wound was inflicted in
a struggle over [Victim]’s pocket knife would be truly “one in a
million.” In drawing the sheetrock knife and repeatedly slashing
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[Victim] until [Appellant] inflicted an injury requiring stitches, [he]
demonstrated the requisite intent for aggravated assault. [Victim]
suffered serious bodily injury[,] was unable to work for several
days after the attack, and was left with a scar and some lingering
pain at the time of trial.
Trial Ct. Op. at 6. Further, the court stated the Commonwealth presented
evidence that Appellant possessed and used a sheetrock knife to stab Victim,
noting her injuries were “consistent with the unique properties of the
sheetrock knife that [A]ppellant carried in his . . . pants for work.” Id.We agree with the trial court that the evidence supported the
convictions. See Windslowe, 158 A.3d 708-09. Moreover, we note that
Appellant’s argument purporting to challenge the sufficiency of the evidence
actually amounts to a request to reassess the testimony and evidence offered
by the witnesses. Appellant asserts that this Court should reweigh the
testimony, view the evidence in a light most favorable to him, and believe
only his version of events. However, our standard of review precludes us from
doing so and substituting our judgment for that of the factfinder. See id.Here, the trial court, sitting as factfinder, did not find Appellant’s version of
the incident credible. See Trial Ct. Op. at 6.
Further, Appellant’s argument ignores that the Commonwealth
presented evidence — by way of Victim’s testimony — that he possessed a
sheetrock knife, which he used to stab Victim several times after she took his
phone. He also ignores that Victim’s medical records are inconsistent with his
account of the attack. While Victim may have initiated a verbal argument,
there was no evidence she used a deadly weapon or unnecessary force against
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Appellant. Rather, Appellant’s actions transformed the incident into a physical
assault when he took out his knife and stabbed her multiple times. Moreover,
the testimony established Victim went to the hospital, received stitches,
missed one to two days of work, and she still suffered from pain at the time
of trial; whereas, Appellant only suffered a laceration to his leg, but not a stab
wound.5 Accordingly, he did not provide evidence justifying a finding of self-
defense. See Smith, 97 A.3d at 787. As there was sufficient evidence
presented to support Appellant’s convictions of aggravated assault, simple
assault, and PIC, no relief is due.
In his next argument, Appellant challenges the weight of the evidence.
Appellant’s Brief at 28. He reiterates much of his sufficiency claim, contending
that Victim was the initial aggressor during the July 9, 2015, incident and he
was only acting in self-defense. Id. Appellant then avers that Victim made
false statements at trial that she “never stabbed” him. Id. He argues this
was “instantly disproved” by Officer Miller’s testimony that Appellant was
“bleeding from a stab wound” after the incident as well as “medical and police
reports showing that [Victim] repeatedly” stabbed him on previous occasions.
Id. Further, Appellant maintains that Victim was arrested prior to trial for a
separate incident where she “repeatedly” struck him, causing injury. Id.____________________________________________
5 Officer Snyder testified that when he observed Appellant walking down the
street after the altercation, Appellant did not have a limp. Trial Ct. Op. at 4.
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The standard by which we review challenges to the weight of the
evidence is well-settled:
The weight of the evidence is a matter exclusively for the finder
of fact, who is free to believe all, part, or none of the evidence
and to determine the credibility of the witnesses. A new trial is not
warranted because of a mere conflict in the testimony and must
have a stronger foundation than a reassessment of the credibility
of witnesses. Rather, the role of the trial judge is to determine
that notwithstanding all the fact, certain facts are so clearly of
greater weight that to ignore them or to give them equal weight
with all the facts is to deny justice.
On appeal, our purview is extremely limited and is confined
to whether the trial court abused its discretion in finding that the
jury verdict did not shock its conscience. Thus, appellate review
of a weight claim consists of a review of the trial court's exercise
of discretion, not a review of the underlying question of whether
the verdict is against the weight of the evidence.
Commonwealth v. Williams, 255 A.3d 565, 580 (Pa. Super. 2021) (citation
omitted & paragraph break added).
Upon review, we conclude Appellant’s challenge to the weight of the
evidence is waived. To raise this claim on appeal, Appellant had to preserve
it in the lower court either by objecting before sentencing or filing a post-
sentence motion. See Pa.R.Crim.P. 607(A); see also Commonwealth v.
Gillard, 850 A.2d 1273, 1277 (Pa. Super. 2004) (“As noted in the comment
to Rule 607, the purpose of this rule is to make it clear that a challenge to the
weight of the evidence must be raised with the trial judge or it will be waived.”)
(punctuation omitted); Commonwealth v. Burkett, 830 A.2d 1034, 1037
n.3 (Pa. Super. 2003) (generally, a claim challenging the weight of the
evidence cannot be raised for the first time in a concise statement). Here, a
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review of the record reveals Appellant did not raise the claim at sentencing,
and he did not file a post-sentence motion.6 As such, this claim is waived.
In any event, had Appellant preserved his challenge to the weight of the
evidence or properly briefed a challenge to the sufficiency of the evidence, we
would affirm on the well-reasoned basis of the trial court opinion. See Trial
Ct. Op. at 6, 10-11 (concluding: (1) forensic evidence and Victim’s credible
testimony supported her account of the attack; (2) evidence presented at trial
suggested Appellant was the aggressor and did not support his claims of self-
defense; (3) medical records from the night of and the day after the incident
disproved Appellant’s testimony that he received “20 stitches” from his injury;
(4) officer testimony corroborated Victim’s story; (5) forensic evidence did not
support Appellant’s account; (6) the combination of forensic evidence and
credible testimony from Victim and officers “allowed the [c]ourt to find the
weight of the evidence against any self-defense claim[;]” and (7) the
Commonwealth presented evidence of each element of the challenged
convictions).
In his last two claims, Appellant challenges the admissibility of certain
evidence. We note the applicable standard of review:
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6 Appellant’s initial post-sentence motion raised challenges to the sufficiency
of the evidence and the discretionary aspects of his sentence. Further, his
initial PCRA petition raised ineffectiveness claims regarding only trial counsel’s
failure to file a timely post-sentence motion and notice of appeal. He did not
assert that counsel should have also raised a challenge to the weight of the
evidence. See Appellant’s Amended Petition Under Post-Conviction Relief Act,
9/11/19, at 6, 9-12.
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Questions concerning the admissibility of evidence lie within
the sound discretion of the trial court, and a reviewing court will
not reverse the court’s decision on such a question absent a clear
abuse of discretion. An abuse of discretion may not be found
merely because an appellate court might have reached a different
conclusion, but requires a result of manifest unreasonableness, or
partiality, prejudice, bias, or ill-will, or such lack of support so as
to be clearly erroneous.
Commonwealth v. Crosley, 180 A.3d 761, 768 (Pa. Super. 2018) (citations
omitted).
In Appellant’s third argument, he contends the trial court erred when it
precluded him from testifying about Victim’s previous attacks on him.
Appellant’s Brief at 25. Appellant insists this testimony would have provided
“motive for [Victim] stabbing him” during the July 2015 incident. Id. at 27.
He maintains that his knowledge of her prior attacks demonstrates he was “in
reasonable fear of danger” and was “critical” to prove his argument that he
acted in self-defense. Id.
Relevant to Appellant’s argument, Pennsylvania Rule of Evidence 404
states generally, that “evidence of a person’s character or character trait is
not admissible to prove that on a particular occasion the person acted in
accordance with the character or trait.” Pa.R.E. 404(a)(1).7 This rule,
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7 We also note the “admissibility of proffered evidence generally depends on
its relevance and probative value.” Commonwealth v. Rogers, 250 A.3d
1209, 1215 (Pa. 2021). “Evidence is relevant if it logically tends to establish
a material fact in the case, tends to make a facts at issue more or less probable
or supports a reasonable inference or presumption regarding a material fact.”
Commonwealth v. Drumheller, 808 A.2d 893, 904 (Pa. 2002); Pa.R.E. 401.
“All relevant evidence is admissible, except as otherwise provided by law.
(Footnote Continued Next Page)
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however, also provides an exception that in a criminal case, the defendant
may offer evidence of a victim’s pertinent trait to show “motive, opportunity,
intent, preparation, plan, knowledge, identity, absence of mistake, or lack of
accident” where its probative value outweighs its potential for unfair
prejudice.” Pa.R.E. 404(a)(2)(B), (b)(2). It cannot be used “to prove a
person’s character in order to show that on a particular occasion the person
acted in accordance with the character.” Pa.R.E. 404(b)(1). Further,
generally, a witness’s character for truthfulness cannot be attacked through
extrinsic evidence relating to specific instances of conduct. Pa.R.E. 608(b)(1).
However,
in the discretion of the court, the credibility of a witness who
testifies as to the reputation of another witness for truthfulness or
untruthfulness may be attacked by cross-examination concerning
specific instances of conduct (not including arrests) of the other
witness, if they are probative of truthfulness or untruthfulness;
but extrinsic evidence thereof is not admissible.
Pa.R.E. 608(b)(2).
The trial court pointed out that contrary to Appellant’s argument, it did
allow him to testify regarding Victim’s prior conduct pursuant to Rule
608(b)(2). Trial Ct. Op. at 9. Specifically, it opined:
[It is] clear that [A]ppellant was allowed to testify that [Victim]
had abused him prior to July 9, 2015. Under cross-examination,
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Evidence that is not relevant is not admissible.” Pa.R.E. 402. “The court may
exclude relevant evidence if its probative value is outweighed by a danger of
one or more of the following: unfair prejudice, confusing the issues,
misleading the jury, undue delay, wasting time, or needlessly presenting
cumulative evidence. Pa.R.E. 403.
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after [Victim] claimed to have never stabbed [A]ppellant, the
[c]ourt allowed [him] to testify to the contrary. Although a
number of comments (particularly those regarding [Victim’s]
arrest subsequent to July 9, 2015) were stricken from the record,
[A]ppellant specifically testified he had been “stabbed by [Victim]
14 times.”
Id.Our review of the trial testimony supports the court’s determination. It
is evident that Appellant was permitted to testify regarding previous incidents
where he was stabbed by Victim after she claimed that she had never stabbed
him. N.T. 1/27/17, at 100-01. He testified that: (1) Victim stabbed him 14
times, one of the incidents resulting in a stab wound to his chest; (2) he went
to the intensive care unit (ICU) due to the chest injury; and (3) Victim was
“arrested with the knife in her hand” from that specific incident. Id. at 100.
The trial court admitted this testimony over the Commonwealth’s objections.
Id. at 100-01. Any testimony the court ruled inadmissible regarded incidents
that took place after the 2015 stabbing. Id. at 101-02, 110-12. Appellant is
seeking relief for evidence that was admitted at trial. As such, his argument
has no merit.
In his final argument, Appellant avers the trial court erred when it did
not permit him to testify about Victim’s arrest after the July 9, 2015, incident.
Appellant’s Brief at 22. He argues Victim was arrested after she “repeatedly
struck him causing injury,” and this incident was admissible to show Victim’s
violent character. Id. at 22-23, citing Commonwealth v. Busanet, 54 A.3d
35, 51 (Pa. 2012) (a defendant may present character evidence “to prove the
victim’s violent propensities where self-defense is asserted, and where there
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is a factual issue as to who was the aggressor”). Appellant also contends it
was admissible to show “motive and intent” for the July 9th incident. Id. at
25.
The trial court stated it did not abuse its discretion when it precluded
Appellant from testifying about Victim’s arrest for the incident occurring after
the July 9th stabbing. It specified that Appellant attempted to admit the
evidence
. . . in order to prejudice the [c]ourt against [Victim] and question
her story. Under the Rules of Evidence, such testimony was
properly ruled inadmissible as character evidence. [Victim] had
not been found guilty of the offense in question at the time
[of] trial[.] When considering the credibility of the [Victim] for
her account of this particular incident, the probative value of
admitting evidence of other wrongdoing would have done
too much to prejudice the court against her. . . .
Trial Ct. Op. at 8 (emphasis added). Further, it concluded that without any
evidence that the subsequent arrest could be used for another purpose under
Rule 404(b)(2), the testimony would only serve to prejudice Victim without
any probative value. See id. We agree.
Here, Appellant asserted that Victim’s subsequent arrest would provide
the trial court with evidence of motive and intent, and of Victim’s violent
character, which he alleges would be permitted under Busanet. Appellant’s
Brief at 23. We disagree for the following reasons. First, we note that
Appellant does not explain how a subsequent event — Victim’s arrest
after July 9th — would provide motive or intent for a prior incident —
Victim allegedly stabbing Appellant on July 9th. Next, we conclude the trial
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court did not abuse its discretion when it found that any evidence regarding
Victim’s subsequent arrest would only serve to prejudice her without offering
any probative value. Though Busanet supports Appellant’s assertion on
appeal that he may offer character evidence where he relies on self-defense,
it does not provide that this evidence may be admissible where the trial court
ruled its probative value was outweighed by prejudice, as it did here. The trial
court did not see any probative value in the evidence, nor did Appellant argue
it had any probative value at trial. Trial Ct. Op. at 8. Appellant failed to
demonstrate the trial court abused its discretion when it did not admit this
evidence, and as such, no relief is due. See Crosley, 180 A.3d at 768.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/22/2023
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