Com. v. Robinson, N. ( 2022 )

J-A18033-22
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
NICOLETTA MICHELLE ROBINSON :
:
Appellant : No. 1177 WDA 2021
Appeal from the Judgment of Sentence Entered May 7, 2021
In the Court of Common Pleas of Mercer County Criminal Division at
No(s):
CP-43-CR-0001795-2019
BEFORE: STABILE, J., MURRAY, J., and McLAUGHLIN, J.
MEMORANDUM BY McLAUGHLIN, J.: FILED: December 2, 2022
Nicoletta Michelle Robinson appeals the judgment of sentence entered
after a jury found her guilty of drug delivery resulting in death (“DDRD”),
aggravated assault, criminal use of communication facility, simple assault,
recklessly endangering another person (“REAP”), and possession with intent
to deliver a controlled substance (“PWID”).1 We vacate the conviction for
aggravated assault and affirm the judgment of sentence in all other
respects.
On June 16, 2019, the victim searched the internet for a taxi service,
found Robinson’s service, and contacted her. That day and the following day,
____________________________________________
1 18 Pa.C.S.A. §§ 2506(a), 2702(a)(1), 7512(a), 2701(a)(1), 2705, and 35
P.S. § 780-113(a)(30), respectively.
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June 17, 2019, Robinson drove the victim, who had Crohn’s disease, to
various locations, including to hospitals in both Pennsylvania and Ohio. The
two women were in communication via text message during those two days.
The victim lived with her father in Mercer County, Pennsylvania, while
Robinson was based in Youngstown, Ohio.
On June 16, the victim and Robinson exchanged the following texts:2
Victim: thank you so much for everything. I appreciate you
more than you know
Robinson: No problem, hun. Trust me, the money helped
me, too. It’s been rough with school. Hopefully you’ll feel
better soon.
Victim: Hoping
Victim: Really, really hoping.
Robinson: FYI my house is only 34 minutes.
Robinson: There’s no way nor.
Robinson: Not
Victim: Should I wait to take the other? Only think I’m
scared of is I actually have a blockage.
Robinson: It should still help, though. If it’s not you might
have blockage [because] you should vm [sic] feel better.
Victim: Maybe I should have went in ugh this pain is
agony.
Victim: It’s like a stabbing pain that just won’t go away.
Robinson: Did it ease up at all?
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2 The Commonwealth presented the text messages as exhibits. Those
exhibits are not part of the record. However, portions of the text messages
were put into the record through the testimony of Trooper Joseph Morris.
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Victim: I couldn’t ask you to come back. I have no cash lol.
I have money in the bank but couldn’t get it till tomorrow.
I left my debit card in Cleveland.
See N.T., 3/10/21 (Morning Session), at 40-43.
That same day, June 16, the victim searched the internet for “side
effects and long-term effects of methadone,” “is methadone an opiate,”
“how much methadone is too much,” and “does methadone make you high.”
Id. at 57-58.
The next day, June 17, the victim texted Robinson, “Do you have 250
ml of that stuff I can buy?” Id. at 67. Robinson texted back, “yeah.” Id.
According to cell phone records and medical records, the victim was in
Sharon Regional Medical Center in Mercer County, Pennsylvania, when she
sent the message. See id. at 50 (victim sent text on June 17, 2019, at 7:37
p.m.); N.T., 3/10/21 (Afternoon Session), at 61 (victim was admitted to
Sharon Regional Medical Center on June 17, 2019, at 11:43 a.m.); id. at 64
(victim left Sharon Regional Medical Center on June 17, 2019, at 8:43 p.m.).
Robinson and the victim then discussed payment and decided that the
victim would pay Robinson $100 by check. N.T., 3/10/21 (Morning Session),
at 67. Robinson picked the victim up from the hospital in Sharon and the two
went to a gas station in Hermitage, Pennsylvania. Id. at 3-16. After they
purchased some items, Robinson drove the victim home to her father’s
house in Mercer County, Pennsylvania. When they arrived, the victim paid
Robinson. Id. at 71. Later that night, the victim texted Robinson not to cash
the check and told her that she would pay her in cash the following day. Id.
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At 72. During that night, the victim ingested the methadone and died. The
victim’s father, who had been on vacation at the time of her death,
discovered her body in the home six days later. Trooper Joseph Morris
recovered a vial with pink fluid from the home that the lab determined
contained methadone, a Schedule II substance. See N.T., Trial, 3/9/21
(Afternoon Session), at 85, 114-15.
An expert in forensic pathology, Dr. Eric Vey, testified that the victim’s
cause of death was a lethal dose of methadone. N.T, Trial, 3/10/21
(Afternoon Session), at 80. He also testified that upon a review of her
autopsy photographs, certain characteristics of her body were indicative of
an overdose. Id. at 99. Dr. Vey also testified about the effect of postmortem
redistribution on the level of methadone found in the decedent’s blood,
which he described as a phenomenon that occurs when time has elapsed
between the time of death and when the blood of the decedent is tested.
During this time, “the blood that got deposited into the central tissues and
organs, the lungs and the liver and the heart, diffuses back out of the
tissues and into the blood creating an elevated central blood level compared
to peripheral blood level.” Id. at 95. He said that postmortem redistribution
had not affected the level of methadone they found.
The chief deputy coroner in Mercer County, Robert L. Snyder, testified
that the victim had dried secretions in her nose consistent with a drug
overdose. N.T., 3/9/21 (Afternoon Session), at 14. He testified that with an
overdose, “the lungs become compromised, they fill with fluid, and then the
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frothiness comes out of the nasal cavity.” Id. at 15. He also testified that the
dose of methadone in the victim’s body was in the fatal range. Id. at 30. Dr.
Snyder ruled that the manner of death was accidental, and the cause of
death was “respiratory failure due to drug toxicity.” Id. at 31. In layman’s
terms, he stated that it was a way of saying her cause of death was from a
drug overdose or a combination of the drugs. Id.
The Commonwealth also presented portions of Robinson’s interview
with Trooper Morris, after the victim died.
[Commonwealth]: Okay. Now, Ms. Robinson - - we also
heard her say right about the 20-minute mark, and I might
be misquoting here, but essentially, so you are saying
she overdosed and you think I gave it to her. My
question is up until that point had you ever said the word
overdose to her?
[Trooper Morris]: No.
[Commonwealth]: Not in the lobby, not on the phone, not
anywhere?
[Trooper Morris]: No[.]
[Commonwealth]: Up until that point had you ever told her
how [the victim] died?
[Trooper Morris]: No.
N.T., Trial, 3/10/21 (Afternoon Session), at 32-33 (emphasis added).
Following a four-day trial, the jury found Robinson guilty. The court
sentenced Robinson for the DDRD and criminal use of a communication
facility convictions to an aggregate term of nine years and three months to
27 years of imprisonment. The court determined that aggravated assault,
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PWID, REAP, and simple assault merged for sentencing purposes. Robinson
filed a post-sentence motion which the trial court denied.3 This timely appeal
followed.
Robinson raises the following issues:
I. Was the evidence at trial insufficient to support
Robinson’s conviction for drug delivery resulting in
death because:
a. It was insufficient to support a finding that the
alleged drug delivery occurred within the
Commonwealth of Pennsylvania; and/or
b. It was insufficient to support a finding that
Robinson was reckless as to the allegedly
delivered drug, methadone, causing the
decedent’s death; and/or
c. It was insufficient to supporting a finding that the
allegedly delivered drug actually caused the
decedent’s death because the Commonwealth’s
expert testimony concluding as much was
predicated on a basic statistical error ruling out an
exculpatory phenomenon by resort to the average
effect of that phenomenon rather than the range
of effects of that phenomenon?
II. Was the evidence at trial insufficient to support
Robinson’s conviction for aggravated assault
because:
a. It was insufficient to support a finding that
Robinson was malicious as to the allegedly
delivered drug, methadone, causing the
decedent’s death; and/or not true
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3 The court sentenced Robinson on May 10, 2021. On May 17, the court
granted Robinson’s motion for an extension to file her post-sentence motion.
Robinson filed her post-sentence motion on May 25, within the allotted time
ordered by the court. Thus, this appeal is timely.
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b. It was insufficient to support a finding that she
engaged in any assault?
III. Was the evidence at trial insufficient to support
Robinson’s conviction for simple assault because it
was insufficient to support a finding that she
engaged in any assault?
IV. Was the evidence at trial insufficient to support
Robinson’s conviction for recklessly endangering
another person because it was insufficient to support
a finding that she engaged in contact or created a
risk of [contact] causing harm?
V. Was the evidence at trial insufficient to support
Robinson’s conviction for delivery of a controlled
substance because it was insufficient to support a
finding that she delivered a controlled substance
within the Commonwealth of Pennsylvania?
VI. In light of the foregoing, was the evidence at trial
insufficient to support Robinson’s conviction for
criminal use of a communication facility because it
was qualitatively or quantitatively insufficient to
support a finding that she used communications
facility to commit the predicate violation of the Drug
Act?
Robinson’s Br. at 4-5 (suggested answers omitted).
Robinson challenges the sufficiency of the evidence for each of her
convictions. When reviewing a challenge to the sufficiency of the evidence,
we determine “whether viewing all the evidence admitted at trial in the light
most favorable to the verdict winner, there is sufficient evidence to enable
the fact-finder to find every element of the crime beyond a reasonable
doubt.” Commonwealth v. Storey, 167 A.3d 750, 757 (Pa.Super. 2017)
(citation omitted). We review the entire record and the evidence. See id. We
do not “weigh the evidence and substitute our judgment for the fact-finder.”
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Id. (citation omitted). Furthermore, “the trier of fact while passing upon the
credibility of witnesses and the weight of the evidence produced, is free to
believe all, part or none of the evidence.” Id. (citation omitted).
Drug Delivery Resulting in Death (DDRD)
Robinson claims that the Commonwealth failed to present sufficient
evidence for the crime of DDRD. She argues that it failed to show that the
drug delivery occurred in Pennsylvania, that she was reckless in delivering
methadone to the victim, and that the ingestion of methadone caused the
victim’s death. Robinson points to an alleged gap in the timeline and claims
that the evidence suggested that she drove the victim through Ohio to
return to the victim’s house. She also maintains that the record does not
support a finding that she delivered the methadone to the victim once they
arrived at her home in Pennsylvania. According to Robinson, the evidence
shows “that Robinson had been providing services and goods to [the victim]
with promises of future payment, and that they had agreed to simply settle
the proverbial tab at the trailer.” Robinson’s Br. at 21.
Robinson also challenges the mens rea. She argues that the evidence
suggested that she was not reckless but rather “believed that providing
methadone to [the victim would help her[.]]” Id. at 24. She also takes issue
with the Commonwealth’s evidence of causation because, in her view, Dr.
Vey erred in his statistical calculation of postmortem redistribution.
DDRD occurs when someone dies as a result of using a controlled
substance and the defendant intentionally administered, dispensed,
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delivered, gave, prescribed, sold, or distributed it in violation of specified
provisions of the Controlled Substance, Drug, Device and Cosmetic Drug Act
(“Drug Act”). See 18 Pa.C.S.A. § 2506(a). Pursuant to the terms of the Drug
Act, the delivery must have occurred “within the Commonwealth [of
Pennsylvania].” 35 P.S. § 780-113(a).
Thus, to sustain its burden, the Commonwealth must prove that the
delivery of the drug occurred in Pennsylvania and the use of that drug
resulted in the death of another. See 18 Pa.C.S.A. § 2506(a);
Commonwealth v. Peck, 242 A.3d 1274, 1285 (Pa. 2020) (vacating
judgment of sentence for DDRD where drug delivery occurred in Maryland).
As for mens rea, the Commonwealth must show that the defendant acted
intentionally when delivering the drug and that the decedent’s death was a
result of the defendant’s recklessness. See Commonwealth v.
Kakhankham, 132 A.3d 986, 992, 995 (Pa.Super. 2015). The crime
consists of “an intentional act in providing contraband, with a reckless
disregard of death from the use of the contraband.” Commonwealth v.
Carr, 227 A.3d 11, 16-17 (Pa.Super. 2020).
Robinson’s claims lack merit. The evidence was sufficient to prove
circumstantially that the delivery occurred in Pennsylvania. Robinson and the
victim discussed via text message the purchase of 250 ml of “stuff” while the
victim was in the hospital in Sharon. Robinson then picked up the victim
from the hospital, took her to the gas station in Hermitage, and ultimately to
her home in Mercer County. The evidence of the trip between points in
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Pennsylvania was sufficient to prove that the delivery occurred in
Pennsylvania. Robinson points to an alleged gap in the timeline and local
geography to argue that the gap is better explained by a route through Ohio,
rather than only through Pennsylvania. We think the evidence was sufficient
to raise the reasonable inference that they did not needlessly double-back
into Ohio, particularly in the absence of any affirmative evidence that the
trip crossed the border. The Commonwealth has to prove guilt beyond a
reasonable doubt, not to a mathematical certainty or beyond all possibility of
innocence.4
Robinson’s claim that the Commonwealth failed to prove recklessness
likewise fails. The Commonwealth presented evidence that Robinson sold the
victim methadone. Methadone is an opioid “used to help dependent patients
reduce their craving and symptoms of withdrawal.” See Int. of L.J.B., 199
A.3d 868, 871 n.3 (Pa. 2018). Robinson sold this opioid to the victim without
any consideration of the effects that it would have on the victim, including
whether she could possibly overdose. See id. at 870 n.2 (discussing opioid
addiction crisis in the United States and noting “[r]ecent statistics place
Pennsylvania among the states with the highest rates of drug overdose
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4 In her reply brief, Robinson includes Google maps to support her claim that
she and the victim could have driven though Ohio. However, these maps
were not presented to the jury, and the jury was not offered any evidence
that would suggest Robinson and the victim left the state while traveling to
the trailer.
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deaths, with opioid-related overdose deaths occurring at a rate of 18.5 per
100,000 persons”). The Commonwealth also presented Robinson’s interview
with Trooper Morris where she stated, “So you’re saying that she overdosed
and you think I gave it to her.” N.T., Trial, 3/10/21 (Afternoon Session), at
32. Robinson made this statement with no knowledge of the cause of the
victim’s death, thus exhibiting that she understood the risk of death from the
ingestion of methadone. See Commonwealth v. Burton, 234 A.3d 824,
833 (Pa.Super. 2020) (stating the sale of fentanyl establishes the mens rea
for recklessness for drug delivery resulting in death).
As to Robinson’s claim regarding causation, we conclude the
Commonwealth established causation. Robinson takes issue with Dr. Vey’s
statistical calculations of the postmortem redistribution. She faults him for
basing his opinion on the average effect of postmortem redistribution, rather
than on its average effect. This argument does not render the evidence
insufficient. Her challenge goes to the weight and not the sufficiency of the
evidence. See Commonwealth v. Meals, 912 A.2d 213, 223–24 (Pa.
2006).
Aggravated Assault
Robinson maintains that the evidence was insufficient to support the
conviction of aggravated assault because the Commonwealth did not prove
that Robinson “assaulted” the victim. She also maintains that the
Commonwealth failed to show that she acted maliciously, arguing there was
“no evidence that Robinson knew . . . that[] providing methadone to
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McConnell was virtually certain to result in her death or serious bodily
injury.” Robinson’s Br. at 33.
To prove aggravated assault, the Commonwealth was required to
prove that Robinson attempted “to cause serious bodily injury to [the
victim], or cause[d] such injury intentionally, knowingly or recklessly under
circumstances manifesting extreme indifference to the value of human
life[.]” 18 Pa.C.S.A. § 2702(a)(1).5 The required mens rea for aggravated
assault is malice, which is defined as “wickedness of disposition, hardness of
heart, cruelty, recklessness of consequences, and a mind regardless of social
duty, although a particular person may not be intended to be injured.”
Commonwealth v. Packer, 168 A.3d 161, 168 (Pa. 2017) (citation
omitted). The crime of aggravated assault requires a state of mind that is
“equivalent to that which seeks to cause injury.” Commonwealth v.
O’Hanlon, 653 A.2d 616, 618 (Pa. 1995).
Here, the Commonwealth suggests that it established the mens rea by
showing that Robinson “seized upon an opportunity to make money at the
expense of a person in chronic pain and who was naïve as to the effects of
methadone.” Commonwealth’s Br. at 30-31. It maintains that Robinson
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5 Serious bodily injury is defined as “[b]odily injury which creates a
substantial risk of death or which causes serious, permanent disfigurement,
or protracted loss or impairment of the function of any bodily member or
organ.” 18 Pa.C.S.A. § 2301 (“Serious bodily injury”). Bodily injury is
defined as “[i]mpairment of physical condition or substantial pain.” Id.
(“Bodily injury”).
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“consciously disregarded an unjustifiable and extremely high risk her actions
of selling a narcotics naïve victim methadone.” Id. at 31. It also suggests
that Robinson’s malice may be inferred from her statement to police that she
understood that they were suggesting that the victim overdosed and that
she had given the victim methadone. It further points out that Robinson “not
only negotiate[d] the sale of 250 ml of methadone to the victim, but actively
encouraged the victim to consume the methadone over the victim’s
concerns,” noting that Robinson encouraged the victim through text
messages to take the methadone even though the victim was concerned
about a blockage. Id. at 30. Similarly, the trial court suggests that Robinson
“knowingly preyed upon a naïve and vulnerable victim” and because of this,
the element of malice was satisfied. Opinion, 9/16/21, at 6.
The Commonwealth contends that this case is akin to
Commonwealth v. Busbey, No. 186 MDA 2019, 2020 WL 865044(Pa.Super. filed Feb. 21, 2020) (unpublished memorandum).6 There, the
victim, the defendant, and the defendant’s boyfriend purchased heroin. The
victim was “narcotics naïve,” as he had not developed a tolerance to heroin.
Id. at *1. The defendant injected the victim with heroin, while the
defendant’s boyfriend injected the defendant and himself. Id. The defendant
watched as the victim started convulsing and his lips turned blue. To
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6 Non-precedential decisions are not binding, but may be cited as
“persuasive” authority pursuant to Pa.R.A.P. 126(b)(2).
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“distance herself from the whole issue” and not be involved, the defendant
left the victim and went home, without calling 911. Id. The Commonwealth
presented the testimony of three medical witnesses at trial, including an
expert in forensic toxicology who testified, among other things, that the
victim “had a long period of survival following the ingestion of the drug.” Id.
at * 2.
On appeal, this Court concluded the evidence was sufficient to prove
malice. We pointed out that the defendant knew the victim was narcotic-
naïve and the heroin was of good quality and that she watched the victim
begin to exhibit signs of an overdose, as he began to convulse and his lips
turned blue. Id. at *5. We pointed out that the defendant and her boyfriend
discussed calling for medical assistance but did not, choosing instead to
leave and sell or stash the remainder of the heroin. Id. We noted that the
victim “suffered from a slow, hours-long overdose death that could have
been halted if medical personnel had been called.” Id. We concluded that
the defendant’s actions of injecting the victim with heroin, watching him
overdose, and then leaving the victim to die, “showed the hardness of heart,
and disregard of social duty characteristic of the mental state of malice.” Id.
We also concluded that providing the heroin to the victim and then not
seeking medical care “created ‘an unjustified and extremely high risk that
[her] actions might cause death or serious bodily harm.’” Id. (quoting
Packer, 168 A.3d at 168). We further noted that heroin “has a ‘high
potential for abuse’” and its dangers are “legendary and known on a
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widespread basis[.]” Id. (quoting Minn. Fire and Cas. Co. v. Greenfield,
805 A.2d 622, 627 (Pa.Super. 2002)).
Here, we agree with Robinson that the Commonwealth failed to
present sufficient evidence to prove malice. Unlike the defendant in Busbey,
no evidence showed that Robinson knew that the victim had overdosed or
that she failed to seek medical assistance while knowing the victim was in
danger due to the drug. Even considering the victim’s apparent naivety and
the text messages that occurred on the day prior to her death, there is no
evidence that at the time Robinson sold the methadone or at the time the
victim ingested the methadone, Robison had a “wickedness of disposition,
hardness of heart, cruelty, recklessness of consequences, and a mind
regardless of social duty[.]” Packer, 168 A.3d at 168. Nor was there
evidence that, like heroin, methadone’s dangers are “legendary and known
on a widespread basis.” Busbey, 2020 WL 865044, at *5; see
Kakhankham, 132 A.3d at 996 (discussing inherent dangerous nature of
heroin and that the risk of death that comes with ingesting the drug is
foreseeable). The Commonwealth failed to present evidence that Robinson
sought to cause the victim’s death or injury, or that she acted with an
extreme difference to human life.
Simple Assault
Robinson maintains that there was no evidence that she “assaulted”
the victim and therefore the Commonwealth failed to sustain its burden for
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simple assault. Robinson argues that a physical, contact-based assault is
required to satisfy the element of bodily injury.
The Commonwealth presents sufficient evidence for the charge of
simple assault where it proves that the defendant “attempt[ed] to cause or
intentionally, knowingly or recklessly cause[d] bodily injury to another[.]” 18
Pa.C.S.A. § 2701(a)(1). Bodily injury is defined as “[i]mpairment of physical
condition or substantial pain.” Id. at § 2301 (“Bodily injury”).
Here, the court rejected Robinson’s claim that the Commonwealth was
required to prove physical contact to prove an actual assault. The court held
that because Robinson did not cite “any authority directly on point for the
proposition that her actions must have conformed to a traditional notion of
an assault,” the claim had no merit.
Before this Court, Robinson relies on the common-law definition of
assault and argues that it is reasonable to believe that the crime of simple
assault requires a physical, contact-based assault. Robinson has not
supported this claim with any citation to legal authority. Therefore,
Robinson’s claim is waived. See Commonwealth v. Miller, 212 A.3d 1114,
1131 (Pa.Super. 2019) (“waiver of an issue results when an appellant fails to
properly develop an issue or cite to legal authority to support his contention
in his appellate brief”) (citation omitted). Moreover, this claim fails on the
merits. The plain statutory language merely requires that the defendant
“cause . . . bodily injury,” which is defined in a way as not to require
contact. This claim fails.
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REAP
Robinson maintains that the REAP statute implies that physical contact
must occur, and because the Commonwealth failed to present any evidence
that she physically touched the victim, the evidence was not sufficient to
support the conviction.
The Commonwealth may sustain its burden for REAP if it proves that
the defendant recklessly engaged in conduct that placed or may have placed
another person in danger of death or serious bodily injury. See 18 Pa.C.S.A.
§ 2705. Recklessness may be proven when the Commonwealth shows that
the defendant consciously disregarded “a substantial and unjustifiable risk
that the material element exists or will result from his conduct.” 18
Pa.C.S.A. § 302(b)(3).
Like her argument for simple assault, Robinson relies on the common-
law definition of recklessness and argues that it is reasonable to believe that
the crime of REAP requires a physical, contact-based assault. Robinson’s
claim is waived because she has not supported her claim with any citation to
legal authority. See Miller, 212 A.3d at 1131.
Even if Robinson had supported her claim, we would conclude that the
issue lacks merit. The evidence in the light most favorable to the
Commonwealth shows that Robinson placed the victim in danger of death or
serious bodily injury by giving her methadone. Robinson did not consider
any risk that could have resulted from her conduct of selling the victim
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methadone and the eventual ingestion of the methadone by the victim. This
sufficiently sustains the REAP conviction.
PWID
Robinson claims that the Commonwealth presented no evidence that
she delivered a controlled substance to the victim while in the state of
Pennsylvania. Robinson incorporates her argument regarding her conviction
for DDRD.
An individual is guilty of PWID where the Commonwealth proves that
the individual possessed a controlled substance with the intent to
manufacture, distribute, or deliver it. See 35 P.S. § 780-113(a)(30).
As discussed above, the evidence was sufficient to show that Robinson
sold methadone to the victim in Pennsylvania. Therefore, the evidence is
sufficient to support the PWID conviction. Robinson’s claim fails.
Criminal Use of Communication Facility
Robinson alleges that “[i]nasmuch as the evidence produced at trial
was insufficient to support a finding that Robinson engaged in the delivery of
a controlled substance,” the evidence is also insufficient to support the crime
of criminal use of a communication facility. Robinson’s Br. at 50.
To prove the crime of criminal use of a communication facility, the
Commonwealth must show that a person “use[d] a communication facility to
commit, cause or facilitate the commission or the attempt thereof of any
crime which constitutes a felony under this title[.]” 18 Pa.C.S.A. § 7512(a).
A communication facility includes a cell phone. Id. at § 7512(c); see
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Commonwealth v. Kane, 210 A.3d 324, 327-28 (Pa.Super. 2019)
(judgment of sentence affirmed for criminal use of a communication facility
where defendant used cell phone to obtain child pornography).
The evidence was sufficient to sustain the conviction. Robinson used
her cell phone to commit a felony, i.e., PWID. Robinson’s claim is meritless.
We vacate the sentence on the conviction of aggravated assault, but
otherwise affirm the judgment of sentence.
Judgment of sentence affirmed in part and vacated in part. Case
remanded. Jurisdiction relinquished.
Judge Murray joins the memorandum.
Judge Stabile concurs in the result.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/2/2022
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