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[U] Commonwealth v. Jackson

Superior Court of Pennsylvania

February 6, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
JEROD JACKSON, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence April 8, 2013, In the Court of Common Pleas of Fayette County Criminal Division at No(s): CP-26-CR-0001863-2012

BEFORE: FORD ELLIOTT, P.J.E., BOWES, and WECHT, JJ.

MEMORANDUM

BOWES, J.

Jerod Jackson appeals from the aggregate judgment of sentence of ten to thirty years imprisonment that was imposed after a jury found him guilty of six counts each of robbery, simple assault, reckless endangerment, and unlawful taking. Appellant claims that the evidence was not sufficient to establish that he was the perpetrator of the crimes in question. We reject that challenge and affirm.

The trial court provided a comprehensive outline of the Commonwealth's proof presented:

On August 25, 2011, Patty Malec was a teller at the Parkvale Bank working a regular shift, 8:30 to 4:30. (N.T. 31). At approximately 2:35 to 2:40 P.M., she was seated at her teller's station approximately 15 to 20 feet from the door, watching the door. (N.T. 32). Malec observed an individual enter the bank wearing dark clothing, a bandana concealing the lower part of his face, and a hoodie pulled tight around his face. (N.T. 32, 33). The individual had a gun in his hand. He approached Malec, pointed the gun directly at her and told her to give him the money or he would shoot her. (N.T. 33, 34). Malec was fearful so she gathered up the money at her station, gave it to the individual. Although most of the robber's face was covered Malec could distinguish that the robber was a black male. (N.T. 40). The robber then moved on to the next teller, threatening each teller in turn with the gun. The individual then went to the drive-thru area of the bank and demanded and received the money from the drive-thru tellers.
Susan Toth was working in the drive thru and observed the robber entering the bank and while inside the bank. (N.T. 63). She described him as a black male approximately six feet tall. (N.T. 67).
The robber put the gun to Teller Colleen Tignanelli's head while demanding the money from her station. (N.T. 76, 77). She could tell that the robber was a black man. (N.T. 76).
He held the gun within six inches of Pandy Phillabaum's chest and stuck her in the arm with the gun when she hesitated in getting the money from her station. She could tell that he was a black man. (N.T. 52).
According to the bank manager, Lisa Nucci, the defendant obtained a total of $11, 130.00, the property of Parkvale Bank. (N.T. 87). From the surveillance video she determined that the robber was in the bank for one minute and ten seconds. (N.T. 94). She could see that the robber was a black man about six feet tall.
All of the tellers provided similar descriptions of the robber and all identifying his race as black. (N.T. 40, 55, 56, 67, 70, 76, 87, 104-106).
Tonya Roby, the owner of a tanning salon located across the street from the Parkvale Bank, observed a small red car pull into the parking lot of a business adjoining the bank. (N.T. 18, 19). She observed an individual exit the passenger side of the vehicle and walk toward the bank. The individual was dressed all in black with a hoodie and mask covering his face up to his eyes. (N.T. 21). Within two to three minutes the individual exited the bank carrying a bag and quickly returned and entered the passenger side of the red vehicle. (N.T. 24, 25).
When the individual entered the bank, Tonya alerted her boyfriend, Jerry Hough, that she believed that the bank was being robbed. (N.T. 113). A couple of minutes later Jerry Hough observed an individual dressed in black run out of the bank, across the parking lot and enter the passenger side of a little red car. He observed as the car drove away and turned on Route 166. He ...

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