Submitted December 9, 2013
Appeal from the Judgment of Sentence of the Court of Common Pleas, Cumberland County, Criminal Division, No(s): CP-21-CR-0000442-2012. Before MASLAND, J.
Linda S. Hollinger, Carlisle, for appellant.
Charles J. Volkert, Jr., Assistant District Attorney, Carlisle, for Commonwealth, appellee.
BEFORE: BENDER, P.J.,
PANELLA, J., and MUSMANNO, J.
Appellant, Dora Gay Vogelsong, appeals from the judgment of sentence entered pursuant to her conviction for recklessly endangering another person by the Honorable Albert H. Masland, Court of Common Pleas of Cumberland County. In this appeal, we are asked to determine whether the mere fact that a horse is found unattended on a busy roadway is sufficient to present a prima facie case of reckless endangerment. After reviewing all available Pennsylvania precedent, we conclude that it does, and therefore affirm the judgment of sentence.
A short statement of the factual background is sufficient for our conclusion. Twice in a single day, officers of the Silver Spring Township Police Department received calls indicating that Vogelsong's horse was on a local roadway. In the second incident, a car hit the horse. After a non-jury trial, Vogelsong was convicted of recklessly endangering another person, while being found not guilty of cruelty to animals and driving while her license was suspended, and was sentenced to a probationary period of 12 months. This timely appeal followed.
On appeal, Vogelsong raises a single issue for our review:
Was the evidence presented at trial sufficient to sustain a conviction of recklessly endangering another person when appellant was negligent under Pennsylvania law, when the evidence indicated that the risk of injury was created solely because of appellant's omissions of action, and because the evidence proved appellant did not have the actual present
ability to inflict harm at the time of ...