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[U] Commonwealth v. Andrews

Superior Court of Pennsylvania

February 24, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
PEGGY JO ANDREWS Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence January 23, 2013 In the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0000673-2012

BEFORE: MUNDY, J., OLSON, J., and STABILE, J.

MEMORANDUM

MUNDY, J.

Appellant, Peggy Jo Andrews, appeals from the January 23, 2013 judgment of sentence of 12 months' probation imposed after being found guilty of harassment.[1] After careful review, we affirm.

The trial court has set forth the relevant facts and procedural history as follows.

On or about February 24, 2012, Roland Forti (hereafter "Forti") contacted the Palmyra Borough Police Department to file a complaint against Peggy Andrews (hereafter "[Appellant]") for harassment. Forti accused [Appellant] of contacting his business, Forti Radiator & A/C Service, by phone multiple times during the week of February 13th th[r]ough the 17th. In response, [Appellant] was served with a notice of trespass letter on July 3, 2012. This letter indicated that [Appellant] was to stay away from Forti and his properties. Unfortunately, she did not do so. As a result, Officer Jared M. Henry charged [Appellant] with one count of harassment.
A jury trial was held on the matter before [the trial court] on November 8, 2012. During the trial, Forti testified to the telephone calls made to his business. After deliberation, the jury found
[Appellant] guilty of Harassment, in violation of 18 Pa.C.S. § 2709(a)(7). [Appellant] was sentenced on January 23, 2013[, ] to a period of probation for twelve months.
[Appellant] filed a Post Sentence Motion on January 28, 2013[, ] alleging that there was insufficient evidence for the jury to convict her of Harassment and asking [the trial court] to strike the jury verdict.

Trial Court Opinion, 5/28/13, at 3.

On May 28, 2013, the trial court denied Appellant's post-sentence motion. Thereafter, on June 24, 2013, Appellant filed a timely notice of appeal.[2]

On appeal, Appellant raises the following issue for our review.

A. Whether Appellant should be acquitted because there was not sufficient evidence presented at trial to prove beyond a reasonable doubt that ...


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