from the Judgment of Sentence February 3, 2016 In the Court
of Common Pleas of Lycoming County Criminal Division at
BEFORE: GANTMAN, P.J., SHOGAN and STRASSBURGER,[*] JJ.
Kinney ("Appellant") appeals from the judgment of
sentence entered on February 3, 2016, in the Court of Common
Pleas of Lycoming County. We affirm.
trial court set forth the history of this case as follows:
On January 26, 2015, Matthew Alexander and Daniel Pepperman,
who are brothers, were walking on High Street when three
individuals turned onto High Street from Rose Street.
Alexander and Pepperman moved over so these individual[s]
could pass by them. Two of the individuals passed, but the
third individual, who both Alexander and Pepperman
subsequently identified as Appellant, hit Alexander in the
head with brass knuckles and shoved him to the ground.
Appellant then kicked Alexander in the side and hit him in
the head. One of the other individuals also started kicking
Alexander until Pepperman started to run away to get help.
Appellant demanded that Alexander give him everything he had.
Alexander gave Appellant a pack of cigarettes, his wallet,
and an orange Taurus lighter.
The other individuals chased Pepperman, tripped him and then
began kicking and punching Pepperman in the side and the
face. Appellant, who was wearing a dark coat with fur on it
and Timberland boots, got off of Alexander and participated
in the assault of Pepperman.
Pepperman saw a tan boot come towards him and strike his face
"non–stop until his eye was swollen shut." He
was kicked and punched repeatedly until he lost
consciousness. Alexander was afraid his brother was going to
die, so Alexander yelled for the individuals to stop and
"play acted" like he was pulling a gun from his
waistband and said he would kill all of them if they
didn't stop. The individuals then ran away.
When Pepperman regained consciousness, he was spitting blood
and his nose felt like it was completely congested but when
he attempted to blow his nose, nothing but blood came out.
The beanie he had been wearing was missing.
The police were called. The police observed footprints in the
snow, which they followed to 655 Wildwood Boulevard. They saw
males at different times looking out of the windows of the
residence at 655 Wildwood Boulevard. The police knocked on
the door and made contact with Stacy Fillman. The police told
Fillman that they were investigating a serious crime scene,
but she told them to come back the next day. The police told
Fillman that wasn't an option; she could either consent
to let them in or they would get a search warrant. Fillman
slammed the door in their face.
The police obtained a search warrant for the residence. They
took three males out of the residence, including Appellant.
The police discovered a soaking wet pair of boots with the
same sole or tread pattern as the footprints in the snow.
They also found an orange Taurus lighter in the pocket of a
long, green coat with fur around the hood, homemade brass
knuckles in an upstairs bedroom dresser drawer, and a beanie
in the dining room.
Appellant was arrested and charged with eight counts of
robbery, two counts of aggravated assault, two counts of
simple assault, two counts of theft, two counts of receiving
stolen property, two counts of conspiracy and one count of
prohibited offensive weapons.
A jury trial was held on November 17, 2015. The jury
convicted Appellant of seven counts of robbery, two counts of
aggravated assault, two counts of simple assault, one count
of theft, one count of receiving stolen property, and one
count of possession [of] a prohibited offensive weapon.
On February 3, 2016, the court sentenced Appellant to
incarceration in a state correctional facility for 9 to 25
years, consisting of 7½ to 20 years for aggravated
assault, a felony of the first degree, and 1½ to 5
years for possessing a prohibited offensive weapon (brass
knuckles), a misdemeanor of the first degree. The remaining
convictions either merged for sentencing purposes or the
court imposed a concurrent sentence.
Appellant did not file any post sentence motions. He did,
however, file a notice of appeal on February 26, 2016.
Court Opinion, 9/30/16, at 1–3. Subsequently, Appellant
and the trial court complied with Pa.R.A.P. 1925.
appeal, Appellant raises the following issues for our
1. Whether the evidence was sufficient to sustain a verdict
of guilty beyond a reasonable doubt that it was [Appellant]
who committed the offense; namely, two counts of aggravated
assault, one count of ...