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[U] Commonwealth v. Ayala

Superior Court of Pennsylvania

March 7, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
GREGORY AYALA, JR. Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence June 26, 2013 In the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0001311-2012

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

MEMORANDUM

GANTMAN, P.J.

Appellant, Gregory Ayala, Jr., appeals from the judgment of sentence entered in the Lebanon County Court of Common Pleas, following his jury trial convictions for simple assault and discharge of a firearm into an occupied structure.[1] We affirm.

In its opinion, the trial court fully and correctly sets forth the facts and procedural history of this case. Therefore, we have no reason to restate them.[2]

Appellant raises one issue for our review:

WHETHER THERE WAS SUFFICIENT EVIDENCE TO SUPPORT A CONVICTION AS TO COUNT 4-DISCHARGE OF A FIREARM INTO AN OCCUPIED STRUCTURE AND COUNT 5-SIMPLE ASSAULT[, ] WHERE THE JURY CONCLUDED ON THE VERDICT SLIP THAT APPELLANT DID NOT POSSESS A GUN AND THERE IS NO EVIDENCE THAT APPELLANT ACTED AS AN ACCOMPLICE?

(Appellant's Brief at 4).

The Crimes Code defines the offenses of simple assault and discharge of a firearm into an occupied structure, in relevant part, as follows:

§ 2701. Simple assault
(a) Offense defined.-Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:
(3) attempts by physical menace to put another in fear of imminent serious bodily injury[.] 18 ...

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