from the Judgment of Sentence January 28, 2016 In the Court
of Common Pleas of Allegheny County Criminal Division at
BEFORE: MOULTON, J., RANSOM, J., and PLATT, J. [*]
Daikweon Fortson, appeals from the judgment of sentence of
thirteen to twenty-six years of incarceration imposed January
28, 2016, following a bench trial resulting in his conviction
for attempted homicide, robbery, aggravated assault,
possession of a firearm by a minor, and possession of a
weapon. We affirm.
relevant facts and procedural history are as follows.
Appellant and Karron Tucker showed up at C.J. Clawson's
house to buy marijuana from him. See Notes of
Testimony (N.T.), 11/2/2015, at 32. C.J. was hanging out with
Tyler Grant at the time. See id. C.J. did not have
enough marijuana to sell them. Id. at 25, 33. C.J.
contacted Gino Roland, Jr. via twitter to inquire about purchasing
additional marijuana. Id. at 26, 33. Gino agreed to
sell C.J. one half ounce of marijuana. Id. at 116,
126. C.J. agreed to meet Gino at Carl Schmidt's house.
brought Appellant, Karron, and Tyler when he went to meet
Gino at Carl's house. Id. at 26. When the four
of them arrived, C.J. remained on the porch while Gino and
Carl walked into the alleyway on the side of the house with
Appellant, Karron, and Tyler. Id. at 27, 57. Either
Appellant or Karron took the marijuana without paying Gino.
Id. at 29, 58, 134. Appellant and Karron tried to
run away, but Gino and Carl chased them and caught up.
Id. at 29-30. A fight ensued. Id. at 30.
Gino began wrestling with Karron. Id. at 46, 59-60,
132. Gino knocked Karron down onto the ground and was
standing over top of him. Id. at 132. Appellant
pulled a gun on Gino. Id. at 30-31, 59, 131-32. At
the time of the incident, however, Appellant was ineligible
to carry a concealed firearm because of his age. Id.
aimed the gun at Gino's face, and Gino heard a click, but
it did not fire. Id. at 31, 136-138. Gino tried to
wrestle Appellant for the gun. Id. at 60. Appellant
got free, pulled the trigger, and shot Gino in the back from
five feet away. Id. at 31, 60-61. Carl remained to
help Gino as the others fled. Id. at 53. Officer
Jones found Gino lying on the sidewalk bleeding profusely.
Id. at 11-12, 11-15. Gino suffered two fractured
ribs, two fractured vertebrae, and two collapsed lungs.
Id. at 121-123.
a non-jury trial, Appellant was found guilty and sentenced as
described above. Appellant filed a post-sentence motion,
which the court denied on May 31, 2016. Appellant timely
filed a notice of appeal and court-ordered Pa.R.A.P. 1925(b)
statement. The court filed a responsive opinion.
appeal, Appellant raises the following issues:
I. Whether the Commonwealth produced sufficient evidence to
sustain a guilty verdict for criminal attempt - criminal
II. Whether the verdict is against the weight of the evidence
III. Whether Pennsylvania's sentencing guidelines as
applied to a juvenile defendant violated the proportionality
requirement of the Eighth Amendment?
Appellant's Br. at 3.
Appellant challenges the sufficiency of the evidence offered
to prove criminal attempt to commit murder. In reviewing the
sufficiency of the evidence, our standard of review is as
[W]hether viewing all the evidence admitted at trial in the
light most favorable to the verdict winner, there is
sufficient evidence to enable the fact-finder to find every
element of the crime beyond a reasonable doubt. In applying
[the above] test, we may not weigh the evidence and
substitute our judgment for the fact-finder. In addition, we
note that the facts and circumstances established by the
Commonwealth need not preclude every possibility of
innocence. Any doubts regarding a defendant's guilt may
be resolved by the fact-finder unless the evidence is so weak
and inconclusive that as a matter of law no probability of
fact may be drawn from the combined circumstances. The
Commonwealth may sustain its burden of proving every element
of the crime beyond a reasonable doubt by means of wholly
circumstantial evidence. Moreover, in applying the above
test, the entire record must be evaluated and all evidence
actually received must be considered. Finally, the [trier] of
fact while passing upon the credibility of witnesses and the
weight of the evidence produced, is free to believe all, part
or none of the evidence.
Commonwealth v. Hansley, 24 A.3d 410, 416 (Pa.
person commits an attempt when, with the intent to commit a
specific crime, he does any act which constitutes a
substantial step towards the commission of ...