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[U] Commonwealth v. Marsh

Superior Court of Pennsylvania

February 18, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
RONALD MARSH, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence Entered January 14, 2013, In the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0006625-2012.

BEFORE: SHOGAN, OTT and PLATT [*] , JJ.

MEMORANDUM

SHOGAN, J.

Appellant, Ronald Marsh, appeals from the judgment of sentence entered following his conviction of unauthorized use of a motor vehicle, receiving stolen property, and criminal mischief. We affirm.

The trial court summarized the factual history of this case as follows:
The evidence established that Commonwealth witness, James Peifer, was the owner of a Toyota Corolla. On the morning of May 10, 2012, Mr. Peifer parked his car at 48th and Market Streets in Philadelphia to go to work. When Mr. Peifer returned to his car later that day, he noticed that it was missing and reported the car stolen to the Philadelphia Police. Neither Appellant nor anyone else had permission to drive Mr. Peifer's car.
Eight days later, on May 18, 2012, Philadelphia Police Officer Angelo Sanchez observed a blue sedan disregard a red light at the intersection of 57th Street and Thompson Street. Officer Sanchez activated his lights and sirens to signal the car to pull over; however the car fled the area. Officer Sanchez lost sight of the vehicle for approximately 35-40 seconds. As the officer was surveying the area, he was flagged down by civilians who directed the officers to a blue sedan that was involved in a motor vehicle accident at 53rd and Media Streets. The blue sedan was the same car that [] Officer Sanchez had given pursuit to. When Officer Sanchez arrived at the accident scene, Sanchez noticed that Appellant, Ronald Marsh was seated in the front driver's seat with the door open. Another male was standing outside the car asking [Appellant] if he was okay. When Officer Sanchez got out of the police car and began to approach the blue sedan, [Appellant] jumped out of the car and began to run. Officer Rivera proceeded to chase Appellant on foot. Officer Sanchez returned to the patrol car and was notified that [Appellant] was in custody. Sanchez identified [Appellant] as the same male that he had observed in the car.
Officer Rapone testified that on the evening of May 18, 2012 he received information of a police chase and an accident. When Officer Rapone arrived on location, he observed Appellant running out of an alleyway and apprehended Marsh in the 5400 block of Lansdowne Avenue. When Officer Rapone returned to the accident scene, he observed heavy front end damage to the car. He also observed keys in the ignition. Officer Rapone did not see any damage to the vehicle door or the steering column.

Trial Court Opinion, 6/27/13, at 2-3.

On November 6, 2012, at the conclusion of a non-jury trial, Appellant was convicted of the crimes stated above. On January 14, 2013, the trial court sentenced Appellant to a term of incarceration of one to two years, to be followed by three years of probation on the receiving stolen property conviction. The trial court determined that the conviction of unauthorized use of a motor vehicle merged with the conviction of receiving stolen property. On the criminal mischief conviction, the trial court imposed no further penalty. This appeal followed.

Appellant presents the following issues for our review:

A. Was not the evidence insufficient to prove beyond a reasonable doubt that the appellant possessed the requisite mens rea for theft by receiving stolen property as he was driving the vehicle with a key, and there were no physical indicia that the vehicle had been stolen?
B. Was the evidence sufficient to convict appellant of criminal mischief under 18 Pa.C.S. ยง 3304(a)(5) as the evidence did not show that appellant crashed the ...

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