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[U] Commonwealth v. Postley

Superior Court of Pennsylvania

February 18, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
WENDELL POSTLEY, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence of December 11, 2012 In the Court of Common Pleas of Philadelphia County Criminal Division at No.: CP-51-CR-0001021-2012

BEFORE: BOWES, J., LAZARUS, J., and WECHT, J.

MEMORANDUM

WECHT, J.

Wendell Postley ("Appellant") appeals from the judgment of sentence entered on December 11, 2012. We affirm.

The trial court set forth the pertinent facts of this case as follows:

[A]t approximately 9:56 p.m. on January 3, 2012, the [c]omplainant, Tamica Brown [("Brown")], saw [Appellant] sitting on her front porch. When Appellant saw [Brown], he acted like he had a gun in his hand, said "Here I go bitch" and came to the front door of the house where [Brown] was standing. [Brown's] entranceway consisted of three doors – [(1)] a front security or storm door that was made of metal and glass; (2) a front entrance door with a peep hole; and (3) a vestibule area with an interior door.
[Brown] went inside the house, closed the door and asked [Appellant] what he wanted. [Appellant] again responded that "I want you bitch". [Appellant] picked up a broken drain pipe and began banging on [Brown's] front window and hitting and kicking the front storm door.
As [Appellant] was kicking and pulling on the outside security door, he was yelling for Brown to "Open up the door", "I'm going to kill you bitch. Come here bitch" and repeatedly used the word bitch. [Appellant] stayed on the front porch of the house and alternated between banging on the front window and then returning to kick, pull, and bang on the front door. [Appellant] kicked out the glass to the outside security door and was hitting the front window so hard that Brown thought [it] was going to bust.
The police arrived approximately ten minutes after the incident started. When the police arrived, [Appellant] started to walk real slow [sic] towards the police car and acted like he was pointing a gun. [Appellant] went over to the police officer and swung at him. Other officers arrived on the scene and [Appellant] was taken into custody.
[Brown] had never seen Appellant prior to this incident and she did not give [him] permission to be on her front porch.
Officer Sczcekowski testified that when he arrived at [Brown's] residence, he observed [Appellant] repeatedly kicking [Brown's] front door and heard him say "Let me in". Officer Sczcekowski announced himself multiple times. When [Appellant] observed the officer, he crouched down and made a gun like gesture with his fingers pointing at the officer. [Appellant] approached the officer, balled up his fist and took a swing at Officer Sczcekowski. The officer struck [Appellant] with his asp three or four times to subdue him and placed him under arrest. [Appellant] told Officer Sczcekowski that he had smoked PCP.
In his defense, [Appellant] testified that he used PCP after work on the night of the incident. He further testified that he did not remember anything that occurred that ...

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