Appeal from Judgment Of Sentence April 5, 2013 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005356-2011
BEFORE: BOWES, J., OTT, J., and JENKINS, J.
Following a non-jury trial, the trial court found Marvin Hill guilty of third degree murder and carrying a firearm without a license. On April 5, 2013, the court sentenced Hill to an aggregate of 16½--43 years imprisonment. On May 2, 2013, without filing post-sentence motions, Hill filed a notice of appeal to this Court.
In this appeal, Hill raises only one argument: the verdict is against the weight of the evidence. We dismiss this appeal due to Hill's waiver of his weight-of-the-evidence claim.
Pennsylvania Rule of Criminal Procedure 607(A) provides:
A claim that the verdict was against the weight of the evidence shall be raised with the trial judge in a motion for a new trial:
(1) orally, on the record, at any time before sentencing;
(2) by written motion at any time before sentencing; or
(3) in a post-sentence motion.
Id. Failure to raise a weight-of-the-evidence claim prior to appeal in accordance with Rule 607(A) will result in waiver, regardless of whether the appellant raises this issue on appeal or the trial court addresses the issue in its Rule 1925(a) opinion. Commonwealth v. Sherwood, 603 Pa. 92, 982 A.2d 483, 494 (2009); Commonwealth v. Causey, 833 A.2d 165, 173 (Pa.Super.2003) ("the fact that appellant raised the [weight-of-the-evidence] issue in a statement of matters complained of on appeal and that the court then filed an opinion pursuant to Rule 1925(a) does not render the claim reviewable").
In this case, subsequent to the verdict, Hill did not file a pre-sentence or post-sentence motion objecting to the weight of the evidence. Nor did he raise this objection orally on the record before sentencing. Therefore, he waived his challenge to the weight of the evidence.
Hill argues that he preserved a weight-of-the-evidence claim because his trial counsel uttered the word "weigh" ...