Appeal from the PCRA Order, November 28, 2012, in the Court of Common Pleas of Centre County Criminal Division at No. CP-14-CR-0001733-2005
Appeal from the Order, November 9, 2012, in the Court of Common Pleas of Centre County Criminal Division at No. CP-14-CR-0001731-2005.
BEFORE: FORD ELLIOTT, P.J.E., PANELLA AND FITZGERALD, [*] JJ.
FORD ELLIOTT, P.J.E.
Scott Lewis Hoy appeals from the orders of November 9, 2012 and November 28, 2012, denying his petition for post-conviction collateral relief. We affirm.
This court previously summarized the facts and procedural history of this matter as follows:
In July 2005, Appellant's daughter made a report to the state police that Appellant had engaged in sexual contact with her over the course of a number of years (1993-2003). The victim was 20 years of age at the time of this report. A state trooper called Appellant and asked him to come to the station to talk about the allegations. Appellant went to the state police station on September 8, 2005 and spoke with a state trooper then agreed to provide a statement on audiotape. He was subsequently arrested and charged with rape, incest, endangering the welfare of children, and numerous counts of indecent assault.
Commonwealth v. Hoy, No. 441 MDA 2007, unpublished memorandum at 1-2 (Pa.Super. filed February 5, 2008) (footnote omitted).
Appellant filed a pre-trial motion to suppress his audiotaped statement which was denied. Id. at 2.
Appellant proceeded to a bench trial at which the suppression transcript was admitted into evidence as was the audiotape. The trial court convicted him of all offenses.[Footnote 2] Appellant was subsequently sentenced to an aggregate term of incarceration of 7-14 years followed by a term of probation, [Footnote 3] and he was also designated a sexually violent predator.
[Footnote 2] The Commonwealth agreed to withdraw one count of indecent assault. N.T. Trial, 9/29/06, at 6.
[Footnote 3] Appellant's sentence of probation included separate convictions at a different trial court docket number which ...