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[U] Commonwealth v. Delgado

Superior Court of Pennsylvania

March 5, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
NELSON DELGADO 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NON-PRECEDENTIAL DECISION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-0000515-2012

BEFORE: GANTMAN, P.J., OTT, J., and MUSMANNO, J.

MEMORANDUM

GANTMAN, P.J.

Appellant, Nelson Delgado, appeals from the judgment of sentence, entered in the Lebanon County Court of Common Pleas, following his jury trial convictions for two counts of simple assault.[1] We affirm.

The trial court opinion sets forth the relevant facts and procedural history of this case. Therefore, we have no reason to restate them. Appellant raises the following issues for our review:

DID THE COMMONWEALTH FAIL TO PRESENT SUFFICIENT EVIDENCE AT TRIAL TO PROVE BEYOND A REASONABLE DOUBT THAT APPELLANT WAS THE PERSON WHO ASSAULTED THE VICTIM…AND CAUSED THE VICTIM'S INJURIES?
[WERE] THE JURY'S VERDICTS AGAINST THE WEIGHT OF THE EVIDENCE BECAUSE THE JURY PLACED TOO GREAT A WEIGHT ON THE TESTIMONY OF THE VICTIM…THAT APPELLANT WAS THE PERSON WHO ASSAULTED HIM AND CAUSED HIS INJURIES?

(Appellant's Brief at 4).

After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable Bradford H. Charles, we conclude Appellant's issues merit no relief. The trial court opinion comprehensively discusses and properly disposes of the questions presented. (See Trial Court Opinion, filed June 5, 2013, at 6-11) (finding (1) Commonwealth presented sufficient evidence to establish Appellant assaulted victim; victim identified Appellant as attacker, roughly one week after incident; victim testified Appellant approached him to apologize after incident; victim also provided extensive details about attack; other eyewitnesses identified Appellant as attacker; and surveillance video showed Appellant following victim to crime scene; (2) in light of significant evidence identifying Appellant as attacker, jury's verdict did not shock one's sense of justice). Accordingly, we affirm on the basis of the trial court's opinion.

Judgment of sentence affirmed.

Judgment Entered.

(Image Omitted)


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