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[U] Commonwealth v. Castanon-Avila

Superior Court of Pennsylvania

February 19, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
MIGUEL ANGEL CASTANON-AVILA, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence February 12, 2013 In the Court of Common Pleas of Lancaster County Criminal Division No(s).: CP-36-CR-0005503-2011

BEFORE: ALLEN, LAZARUS, and FITZGERALD, [*] JJ.

MEMORANDUM

FITZGERALD, J.

Appellant, Miguel Angel Castanono-Avila, appeals from the judgment of sentence entered in the Lancaster County Court of Common Pleas following his non-jury conviction of aggravated assault[1] and simple assault.[2]He alleges the sentencing court abused its discretion by imposing a manifestly excessive sentence. We affirm.

The trial court summarized the facts of this case as follows.

The victim[, Appellant's wife, ] suffered head trauma, a broken nose, an eardrum rupture and a broken sacrum. She was taken to the hospital by ambulance, stayed there four days, and then spent a month recuperating at a friend's house. (The friend Carolyn Mellinger is a person the victim calls Mom).
The incident occurred on November 6, 2011 and she had to use a walker when she left both the hospital and Ms. Mellinger's house, and then progressed to a cane until January of 2012.
She went back to work but was unable to perform her old job because of her injuries.
The victim best described her injuries at the sentencing hearing[3] as follows:
On November 5th, 2011, I was getting read[y] for what I expected to be a great night. Never would have imagined my life was going to be changed in a couple of hours. The man who I deeply loved was to cruelly beat me to nearly death. I could not believe who was this monster hurting his wife, the mother of his daughters.[4]
Trauma all over my body, bruises, blood, broken bones. Miguel, you nearly killed me.
* * *
Out of four days in the hospital, the only thing that was crystal clear was I did not want my daughters to see me in the hospital bed. . . .
* * *
And even after a whole month, coming home . . . was a challenge. My broken sacrum healed slowly, broken nose after treatment and surgery also healed, bruises are ...

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