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Commonwealth v. Smith

Superior Court of Pennsylvania

August 6, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
JAMAR SMITH, Appellant

Argued June 24, 2004.

Page 783

Appeal from the Judgment of Sentence of the Court of Common Pleas, Philadelphia County, Criminal Division, No(s): CP-51-CR-0003587-2012. Before COLEMAN, J.

Anthony J. Petrone, Philadelphia, for appellant.

Joan Weiner, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: GANTMAN, P.J., PANELLA, J., and STABILE, J. OPINION BY GANTMAN, P.J.

OPINION

Page 784

GANTMAN, P.J.:

Appellant, Jamar Smith, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas, following his bench trial conviction for aggravated assault, recklessly endangering another person and possession of an instrument of crime.[1] We affirm.

The trial court opinion sets forth the relevant facts and procedural history of this appeal as follows:

At a waiver trial, the Commonwealth presented the testimony of Complainant, James Kedra, Philadelphia Police Officer, Robert Bakos, and Northeast Detective, Robert Schill. Additionally, they admitted into evidence photos, medical records, bloody clothing and a box cutter, and a 911 audiotape, which captured a portion of the incident between Appellant and [Mr. Kedra].
On February 29, 2012, at approximately 11:15 p.m., an altercation occurred on the 3400 block of Aldine Street, on the

Page 785

corner of Aldine and Leon, in the city and county of Philadelphia. [Mr. Kedra] believed Appellant was following him in his vehicle. Both men parked their vehicles; Appellant's vehicle was originally behind Mr. Kedra's, but Mr. Kedra later moved his vehicle to be further away from Appellant. At the same time that Mr. Kedra left his vehicle, Appellant also left his, and a conversation between the two men ensued. Although Mr. Kedra wanted to avoid Appellant, the two were forced to cross paths because of the position of their cars, and Mr. Kedra wanted to make sure that Appellant was not behind him while walking. Mr. Kedra asked Appellant why he had been following him, whereupon Appellant took a fighting stance, only to then strike Mr. Kedra in his forehead and lip. Mr. Kedra saw an object in Appellant's hand, and believing that Appellant was going to stab him, Mr. Kedra used his arm to try and prevent any contact; the altercation was pushed closer to a nearby fence. The two then spun into a car, as Mr. Kedra tried to get Appellant off of him. Despite Mr. Kedra's attempts to block Appellant's advances, [Mr. Kedra] was stabbed several times with a box cutter. Mr. Kedra sustained injuries to his forehead and lip, had a piece taken out of ...

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