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[U] Commonwealth v. Little

Superior Court of Pennsylvania

February 28, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
MARCUS LITTLE, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence June 3, 2013 In the Court of Common Pleas of Philadelphia County Criminal Division No(s).: CP-51-CR-0008635-2012, CP-51-CR-0008612-2012

BEFORE: BENDER, P.J., SHOGAN, and FITZGERALD, [*] JJ.

MEMORANDUM

FITZGERALD, J.

Appellant, Marcus Little, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas, challenging the sufficiency of the evidence for his convictions for unauthorized use of a motor vehicle, [1] theft by receiving stolen property, [2] and criminal conspiracy.[3]We affirm.

We adopt the facts as set forth by the trial court.[4] Following a non-jury trial, the court found Appellant guilty of the above crimes. On June 3, 2013, the trial court sentenced Appellant to eighteen to thirty-six months' incarceration, followed by seven years' probation.[5] This timely appeal followed. On June 18, 2013, the trial court ordered Appellant to comply with Pa.R.A.P. 1925(b), and Appellant timely complied on July 8, 2013.

Appellant raises the following issue:
Was not the evidence adduced at trial insufficient to support [A]ppellant's conviction, inasmuch as the Commonwealth failed to produce competent evidence to support its wholly circumstantial case for receiving stolen property and criminal conspiracy as to the Chevrolet Cruze automobile?

Appellant's Brief at 3.[6]

Although Appellant concedes his involvement in the theft of a 2004 Mercedes-Benz, Appellant claims on appeal that the Commonwealth's evidence was insufficient to prove that Appellant conspired to acquire or sell a Chevrolet Cruze vehicle. We hold Appellant is not entitled to relief.

When examining a challenge to the sufficiency of evidence, our standard of review is as follows:

The standard we apply in reviewing the sufficiency of the evidence is whether viewing all the evidence admitted at trial in the light most favorable to the verdict winner, there is sufficient evidence to enable the fact-finder to find every element of the crime beyond a reasonable doubt. In applying [the above] test, we may not weigh the evidence and substitute our judgment for the fact-finder. In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. Any doubts regarding a defendant's guilt may be resolved by the fact-finder unless the evidence is so weak and inconclusive that as a matter of law no probability of fact may be drawn from the combined circumstances. The Commonwealth may sustain its burden of proving every element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence. Moreover, in applying the above test, the entire record must be evaluated and all evidence actually received must be considered. Finally, the [finder] of fact while passing upon the credibility of witnesses and the weight of the evidence produced, is free to believe all, part or none of the evidence.

Commonwealth v. Perez, 931 A.2d 703, 706-07 (Pa. Super. 2007) (citation omitted).

The crime of theft by receiving stolen property is defined, in ...


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