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Commonwealth of Pennsylvania v. William D. Dewey

November 26, 2012

COMMONWEALTH OF PENNSYLVANIA APPELLEE
v.
WILLIAM D. DEWEY APPELLANT



Appeal from the Order Entered January 20, 2012 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0002291-2009

The opinion of the court was delivered by: Panella, J.

BEFORE: PANELLA, J., OTT, J., and STRASSBURGER, J.*fn1

OPINION BY PANELLA, J.

Appellant, William D. Dewey, appeals from the order entered January 20, 2012, by the Honorable Tina Polachek Gartley, Court of Common Pleas of Luzerne County, which denied his petition to modify the conditions of his probation and parole. We affirm.

The trial court summarized the pertinent facts and procedural history as follows:

[Dewey] was charged with Statutory Sexual Assault, 18 [PA.CONS.STAT.ANN.] § 3122.1, Corruption of Minors, 18 [PA.CONS.STAT.ANN.] § 6301(a)(1), and Sell/Furnish Liquor to a Minor, 18 [PA.CONS.STAT.ANN. § 6310.1(a)] on or about May 27, 2009. The charges stem from an incident on April 6, 2008, where [Dewey], who at the time was twenty-three (23) years old, contacted the fifteen (15) year old victims, indicating that he had cigarettes and alcohol and asked to meet the victims. [Dewey] met the victims, purchased cigarettes and provided the victims with a bottle of vodka. [Dewey] took the victims to a residence in Franklin Township, Luzerne County, Pennsylvania and engaged in sexual intercourse with one of the female victims. A few weeks later, the victim learned that she was pregnant and subsequent DNA testing confirmed [Dewey's] paternity.

On April 7, 2010, [Dewey] entered a guilty plea to the charge of Corruption of Minors and ... a plea of [nolo contendere] to the charge of Sell/Furnish Alcohol to Minors, with the remaining charges being withdrawn pursuant to a plea agreement with the Luzerne County District Attorney's Office. On June 6, 2010, [Dewey] was sentenced to six (6) months to twelve (12) months incarceration, followed by two (2) years probation on the charge of Corruption of Minors. [Dewey] was also sentenced to one (1) years of probation, consecutive to count one (1) on the charge of Sell/Furnish Alcohol to Minors. As one of the conditions of [Dewey's] parole, [he] shall have no unsupervised contact with minors. On January 25, 2011,

[Dewey] appeared before [the lower court] on his Petition for Parole and said Petition was granted. [Dewey] was again prohibited from having unsupervised contact with minors as a condition of his parole. Among other conditions of [Dewey's] parole, the Order ... provided that [he] shall have no unsupervised contact with minors as well as Luzerne County Adult Probation & Parole shall supervise [Dewey] during visitation with his minor child.

On or about December 30, 2011, [Dewey] filed a Petition to Modify Order Granting Probation and Parole, seeking to modify his condition of Probation and Parole by eliminating the prohibition on unsupervised contact with minor children. [The lower court] held a hearing on January 20, 2012 and entered an Order denying [Dewey's] Petition to Modify Order Granting Probation and Parole. [Dewey] filed a Notice of Appeal on or about February 10, 2012 and filed a Concise Statement of Matters Complained of on Appeal pursuant to Pa. R.A.P. 1925(b) on or about March 6, 2012.

Trial Court Opinion, 5/3/12, at 1-2.

On appeal, Dewey raises the following issues for our review:

A. WHETHER THE COURT ERRED IN REFUSING TO ALLOW THE GUARDIAN AD LITEM OF THE MINOR CHILD TO TESTIFY AT THE HEARING ON THE PETITION TO MODIFY?

B. WHETHER THE COURT ABUSED ITS DISCRETION IN DENYING DEFENDANT'S PETITION TO MODIFY HIS CONDITIONS OF PROBATION AND PAROLE THAT HE NOT ...


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