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04/25/97 COMMONWEALTH PENNSYLVANIA v. ABDUL J.

April 25, 1997

COMMONWEALTH OF PENNSYLVANIA, APPELLEE
v.
ABDUL J. MAJEED, APPELLANT



Appeal from the Order of the Superior Court at No. 0627PGH94 entered on August 29, 1995, affirming the Judgment of Sentence of the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC 93-06435 entered on March 17, 1994. JUDGE(S) BELOW: CCP - Honorable W. Terrence O'Brien / SUPERIOR - CIRILLO, FORD ELLIOTT, HESTER, S.J., JJ.

Composition OF The Court: Mr. Chief Justice John P. Flaherty, Zappala, Cappy, Castille, Nigro, JJ.

The opinion of the court was delivered by: Newman

MADAME JUSTICE NEWMAN

DECIDED: APRIL 25, 1997

Abdul J. Majeed (Appellant) appeals from a Superior Court Order, affirming his conviction for the burglary of a home that he owned, but which he was prohibited from entering pursuant to a Protection from Abuse Order (PFA Order).

Background

Appellant married his wife, Aneesa (Mrs. Majeed), in 1982 and they had seven children together. Mrs. Majeed also had a daughter, Khadijah, before the marriage. The couple separated in 1992. Mrs. Majeed and the children continued to reside at 1312 Wood Street, Pittsburgh, Pennsylvania, while Appellant relocated. Appellant, however, is the exclusive owner of the home.

In March of 1993, Mrs. Majeed petitioned the Court of Common Pleas of Allegheny County (trial court) for a PFA Order pursuant to the Protection from Abuse Act, 23 Pa.C.S. § 6101 et seq. By consent of the parties, the court entered a final order on April 14, 1993 that provided, in part:

Defendant is completely excluded from the Plaintiff's residence at 1312 Wood Street, Pittsburgh, PA 15221 and from any other residence where Plaintiff may live. Exclusive possession of these premises is granted to Plaintiff; Defendant shall have no right or privilege to enter or be present on the premises. IF FOR ANY REASON DEFENDANT RETURNS TO PLAINTIFF'S RESIDENCE WITHOUT WRITTEN PERMISSION OF THIS COURT, DEFENDANT MAY BE ARRESTED ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT.

Order of the Court of Common Pleas of Allegheny County of April 14, 1991. The order also prohibited Appellant from abusing or harassing his wife and the children.

On April 19, 1993, five days after entry of the PFA Order, Appellant went to 1312 Wood Street. Mrs. Majeed had left the house earlier that morning. When he arrived at approximately 8:40 a.m., his stepdaughter, Khadijah, was standing alone at a bus stop near the house. As the bus approached, Appellant grabbed her arm and led her to the door of the house. Appellant revealed to her that he had a gun and asked her to unlock the door. When Khadijah replied that she did not have a key, Appellant kicked in the door. Although the alarm sounded, Appellant knew the code to disarm it. Inside, Appellant told Khadijah that he would shoot her if the police came. Khadijah testified that Appellant forced her to commit sexual acts. He also looked through Mrs Majeed's papers. They then left the house together and walked to his car. Appellant drove around the corner and allowed Khadijah to exit the car.

Khadijah took a bus and arrived at school at approximately 11:00 a.m. She reported the incident to the principal and the school nurse. The nurse observed light bruising around the girl's arms and neck. A school official called the police.

In the meantime, Appellant reentered the house by, again, kicking in the door. While he was hiding in the house, the police arrived with Mrs. Majeed to inspect the damage. At approximately 2:25 p.m., when an officer and a photographer entered Khadijah's bedroom, Appellant sprang from the closet with a semiautomatic pistol in hand. He grabbed the photographer around the neck. Although the photographer escaped, Appellant did not release the officer until approximately 4:20 p.m. He then surrendered at 7:00 p.m.

The Commonwealth charged Appellant with kidnapping (two counts), burglary, terroristic threats, involuntary deviate sexual intercourse, indecent assault, aggravated indecent assault, simple assault (three counts) and possession of a firearm without a license (two counts). On March 10, 1994, a jury found Appellant guilty of burglary, carrying a firearm without a license, and simple assault against Khadijah, the police officer and the photographer. The jury found him not guilty of the remaining charges. The court sentenced him to five to ten (5 to 10) years of incarceration for the burglary conviction and one to two (1 to 2) ...


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