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Commonwealth v. Grays

Superior Court of Pennsylvania

July 25, 2017

COMMONWEALTH OF PENNSYLVANIA
v.
ROEGESTER GRAYS Appellant

         Appeal from the Judgment of Sentence January 7, 2016 In the Court of Common Pleas of Bradford County Criminal Division at No(s): CP-08-CR-0000787-2013

          BEFORE: SHOGAN, MOULTON, JJ., and STEVENS, P.J.E. [*]

          OPINION

          STEVENS, P.J.E.

         Appellant, Roegester Grays, appeals from the judgment of sentence entered in the Court of Common Pleas of Bradford County following his conviction by a jury on two counts of homicide by vehicle while driving under the influence of alcohol ("homicide by vehicle-DUI"), one count of aggravated assault by vehicle while driving under the influence ("aggravated assault by vehicle-DUI"), two counts of homicide by vehicle, one count of aggravated assault by vehicle, two counts of driving under the influence-general impairment and high rate ("DUI"), and one count of possession of a controlled substance.[1] After a careful review, we affirm.

         The relevant facts and procedural history are as follows: On March 1, 2013, at approximately 5:00 p.m., Appellant, who was driving a Chevrolet Avalanche ("Avalanche") westbound on Route 328, collided head-on with a Chevrolet Suburban ("Suburban"), which was traveling eastbound on Route 328 and being driven by Ryan English. As a result of the crash, Mr. English and his wife, Karen English, were killed instantly, and their thirteen-year-old son, C.M., [2] and four-year-old son, L.E., were injured. Their ten-year-old son, G.E., was not injured.

         Appellant was arrested and charged with numerous crimes. On November 21, 2013, he filed a lengthy counseled, pre-trial motion seeking, inter alia, to suppress his blood alcohol content ("BAC") from blood that was drawn on March 1, 2013, at 9:20 p.m., after he was arrested by Pennsylvania State Police Trooper John J. Youngblood, [3] to suppress the physical evidence seized by the police from his vehicle, and to suppress pre-arrest statements Appellant made to Trooper Youngblood at the Arnot Ogden Medical Center ("Arnot Ogden") Emergency Room in New York.

         Following a hearing held on January 7, 2014, [4] by order and opinion filed on April 1, 2014, the trial court granted Appellant's motion to suppress Appellant's post-arrest BAC from the blood drawn at 9:30 p.m. upon request of Trooper Youngblood; however, the trial court denied Appellant's motion to suppress the evidence obtained from the search of his vehicle and the evidence gained by the police at Arnot Ogden prior to Appellant's arrest. Trial Court Order, filed 4/1/14.

         On July 25, 2014, Appellant filed an additional pre-trial omnibus motion in which he sought, inter alia, to suppress and/or preclude the Commonwealth from introducing Appellant's medical records from Arnot Ogden, particularly Appellant's pre-arrest BAC from blood drawn at 5:30 p.m. on March 1, 2013, by order of Appellant's treating physician, Joseph Haluska, M.D., at the Arnot Ogden Emergency Room. Specifically, Appellant contended the medical records were obtained via an improperly issued and served subpoena, in violation of Appellant's doctor-patient privilege, and inadmissible as there was no "paper trail" establishing blood was actually drawn by order of Dr. Haluska. The trial court denied Appellant's motion.

         On January 16, 2015, Appellant filed a motion in limine seeking to preclude the Commonwealth from admitting into evidence Appellant's pre-arrest BAC from the blood drawn and tested by order of Dr. Haluska. In this motion, Appellant asserted his pre-arrest BAC should be precluded as the Arnot Ogden laboratory was not a fully licensed and approved Pennsylvania facility for testing purposes. The matter proceeded to a hearing on May 26, 2015, and by order entered on July 13, 2015, the trial court denied Appellant's January 16, 2015, motion in limine.

         On August 10, 2015, Appellant filed another motion in limine in which he again sought to preclude his pre-arrest BAC from the blood drawn and tested by order of Dr. Haluska. In this motion, Appellant contended that the introduction of his pre-arrest BAC would violate his due process rights as the Commonwealth failed to preserve a sample of Appellant's blood, thus precluding Appellant from independently testing his blood. The trial court denied Appellant's motion in limine with regard to his request to preclude the introduction of his pre-arrest BAC.

         On November 16, 2015, the matter proceeded to a jury trial at which the parties stipulated that the death of Mr. and Mrs. English was caused by trauma incurred during the motor vehicle collision at issue. N.T., 11/16/15, at 32. With regard to the collision, Rita Dennison testified that she resides in a rural area near Route 328, and on March 1, 2013, she was at home with her brother, who was visiting and making plans to assist her with mowing her lawn. Id. at 34. She indicated that, in an effort to show her brother her property lines, she and her brother were looking out of her kitchen window, which faced Route 328, when she saw an Avalanche "zooming" down the road, passing all of the cars that were going with the normal flow of traffic. Id. at 35. Mrs. Dennison continued to watch the Avalanche and, as it crested up the hill, she noted that the Avalanche was still passing vehicles, even though the road was lined for no passing in that area of the road. Id. She indicated the Avalanche was traveling west and passing cars on a double lined road. Id. at 36. Mrs. Dennison testified that, just after the Avalanche left her sight, she "heard an awful crash, it sounded like an explosion." Id. She did not investigate the source of the noise, but when her husband returned home shortly thereafter, she informed him of the noise, and he left on his four-wheeler to investigate. Id. at 37.

         Mrs. Dennison's brother, Hugh B. Cunningham, confirmed he was visiting Mrs. Dennison on the day of the accident, and as they were looking out of her kitchen window, he noticed a large vehicle "hauling butt" and passing other vehicles in a no-passing zone. Id. at 58. He indicated that, as Mrs. Dennison moved to look out of the other kitchen window, she said "[he's] so fast he's going up the hill[, ]" and then he heard "an explosion." Id.

         Mrs. Dennison's husband, Joe Dennison, confirmed that he drove his four-wheeler to the top of the hill near his house on Route 328 and several firefighters had already arrived on the scene. Id. at 63. He observed an Avalanche on the left side of the road and another vehicle, which was upside down, covered with a tarp. Id.

         Anthony Amentler testified that, on the day in question, he was driving a pick-up truck loaded with hay on Route 328 East and, as he turned a corner, a Suburban was traveling in the same direction ahead of him. Id. at 70. He testified that the two vehicles were traveling at a "normal speed." Id. He indicated that, as they started up a hill, the Suburban was about five car lengths in front of him when he suddenly noticed a large vehicle, later identified as an Avalanche, coming towards them "on the wrong side of the road." Id. at 71. Mr. Amentler clarified that all four tires of the Avalanche were over the double yellow line "on the wrong side" of the road. Id. at 80. He testified the Suburban stayed in its lane of travel and was hit "pretty much head-on" by the opposing Avalanche. Id. at 72. The Suburban "flipped up in the air and ended up on the other side of the road[, ]" and the Avalanche "spun back into the guardrails." Id. Mr. Amentler indicated he was able to avoid the collision, traveled to the top of the hill, pulled his truck to the side of the hill, stopped an oncoming westbound vehicle, and asked the driver to call 911. Id. at 73.

         Mr. Amentler testified he then ran down the hill to the crash site and heard the sound of children crying from inside the Suburban, which was upside down. Id. at 74. He looked inside the back passenger area and saw a child hanging upside down in a car seat. Id. With the assistance of other motorists, he removed the children from the Suburban, but he was unable to assist the driver (Mr. English) or the front seat passenger (Mrs. English) as he "couldn't get into that compartment" of the vehicle. Id.

         Mr. Amentler then ran to check on the driver of the Avalanche, later identified as Appellant, and found him still seated in the driver's seat. Id. at 75. Appellant had blood coming out of the bridge of his nose and was complaining of pain to his nose. Id. Mr. Amentler was unable to open the Avalanche's front door, so he opened the back door and a beer can fell out of the vehicle. Id. At this point, since Appellant did not seem to be hurt too badly, Mr. Amentler decided it was best to let the authorities take over with regard to the Avalanche and Appellant. Id.

         Mr. Amentler testified he went back to assisting the children, one of whom was obviously severely injured. Id. at 76. Ambulances and firefighters responded to the scene, and Mr. Amentler remained to speak to the Pennsylvania State Police, who arrived within half an hour of the crash. Id. He noted that, from the time the accident occurred until the police arrived, neither vehicle involved in the accident moved. Id. at 77.

         C.M. confirmed that he was in the Suburban on the day in question with his siblings, as well as his puppy, PJ, who perished in the accident, and the family's adult black Labrador Retriever, Lila. N.T., 11/17/15, at 11. C.M. testified that Mr. English was driving, Mrs. English was in the front passenger seat, he was on the left side of the back passenger seat, L.E. was in a car seat on the right side of the back passenger seat, and G.E., as well as Lila, were in the third row. Id. at 8, 12. C.M. indicated that he remembered seeing a truck coming towards the family's Suburban and it was "driving on [their] side of the lane." Id. After the collision, the Suburban was "upside down" and all three boys, who were wearing seat belts or secured in a car seat, were dangling upside down. Id. at 13. C.M. did not see or hear any noise coming from his stepfather or mother. Id. at 14. C.M. testified that he crawled out of the Suburban, and by the time he exited, a man was holding L.E.; G.E. was also out of the Suburban and so was the dog, Lila. Id. at 15-16.

         C.M. testified that he had pain in his stomach area and an ambulance took him to a hospital. Id. at 17. He underwent surgery on his abdomen and he suffered a broken arm, which required a cast and physical therapy. Id. at 18. C.M. was in the hospital, and he was reunited with the family dog, Lila, after he was released. Id. at 19. He indicated that L.E. suffered a broken leg, which required a cast. Id. at 20.

         Michael Kipferl, a postal employee, testified that he was traveling behind Mr. Amentler's pick-up truck, which was directly behind the English's Suburban, when he saw a vehicle "coming around the corner in [their] lane...and [strike] the Suburban head-on." Id. at 44. He indicated that the Suburban tried to go to the left in an attempt to get in the other lane, but it was hit head-on, resulting in it "barrel rolling" onto its roof and landing in the ditch. Id. at 45. Mr. Kipferl immediately stopped his vehicle, ran to the driver of the Avalanche, determined the driver was conscious, and then ran to the Suburban to check on its occupants. Id. He saw three children dangling from their safety restraints and assisted at least one of them out of the Suburban. Id. at 46. There was no movement from Mr. English or Mrs. English. Id.

         Michael Frawley testified that he did not observe the accident, but came upon it as a gentleman was removing children from the Suburban. Id. at 53-54. Since it was cold outside, he placed two of the children in his vehicle to await the arrival of emergency personnel. Id. at 54. He noted that he saw Appellant in the Avalanche, as well as beer cans lying on the driver's side floor and outside on the ground. Id. at 56, 60-61, 63. He denied seeing a large or medium-sized animal running around the accident scene, although he later learned that the English family had a black Labrador Retriever, which was in the Suburban at the time of the accident. Id. at 69-71.

         Jeremy Sheive testified that he is a volunteer firefighter, and he responded to the accident scene. Id. at 80-81. He went directly to the Suburban, and he was informed that three children had escaped but that two adults were still inside. Id. at 82. He began to extricate the front seat adults and discovered that they were already deceased. Id. at 84-85.

         Jeffrey L. Sweet, Jr., testified that he is an ambulance driver, and he transported Appellant to the nearest hospital, Arnot Ogden. Id. at 91. He indicated it took approximately twenty-five to thirty minutes to reach Arnot Ogden, and upon arrival, Appellant was taken directly to the Emergency Room. Id. at 94-95.

         The paramedic working with Mr. Sweet, Ashley Adams Prosser, testified that her records reveal they began transporting Appellant from the scene at 5:14 p.m. and arrived at Arnot Ogden at 5:28 p.m. Id. at 102. Ms. Prosser testified she did not draw blood from Appellant, but she unsuccessfully attempted to insert an IV to administer pain medicine for his obviously fractured ankle. Id. at 102-06. She indicated that Appellant signed a consent form permitting him to be transported by the ambulance to the hospital. Id. at 107. She noted that, during the transport, Appellant told her a few times that he had swerved to miss hitting a black dog and, upon hindsight, he wished he had hit the dog instead of attempting to miss it. Id. at 109.

         Pennsylvania State Police Trooper David Kittle testified that he received a radio dispatch for a crash on Route 328, and he arrived at the scene at approximately 5:29 p.m. Id. at 27. He indicated it was still daylight at this time, and emergency personnel were on the scene; however, the children, as well as Appellant, had already been removed from the scene via ambulance. Id. at 30. Mr. and Mrs. English were deceased in the Suburban. Id. at 36.

         Trooper Kittle described Appellant's Avalanche as facing eastbound on the shoulder of the road against the guardrail, and the English's Suburban was flipped over on the north shoulder of the road. Id. at 32-33. Trooper Kittle indicated that he saw an empty beer can lying on the road on the driver's side of the Avalanche; however, he did not remember Mr. Amentler informing him that the beer can had fallen out of the Avalanche when he opened the back door. Id. at 40-41. He indicated that a subsequent search of Appellant's vehicle pursuant to a search warrant revealed a sandwich baggie containing soft-rolled marijuana cigarettes. Id. at 160.

         Pennsylvania State Trooper Timothy P. Young testified that his primary role is that of a state fire marshal, but he also analyzes vehicles involved in crashes. Id. at 129. He analyzed the two vehicles involved in the present crash and "observed that [they] had severe front-end damage to them." Id. at 131. He noted that he saw no evidence leading him to believe that either the Avalanche or Suburban were not in good working order prior to the crash. Id. at 131-32.

         Kyle Wisel, a detective for the District Attorney's Office, testified that in May of 2013 he interviewed Appellant at his house. Id. at 137-38. Appellant, who was in a wheelchair due to an ankle injury, told Detective Wisel that, on the day of the crash, he had taken a prescribed muscle relaxer and had "consumed a couple of beers." Id. at 141. Appellant told Detective Wisel that, before the crash, "a medium-sized black dog had entered the roadway." Id. at 143. Detective Wisel noted that photos taken from the scene reveal two beer cans lying near Appellant's vehicle. N.T., 11/19/15, at 65, 68.

         At this point, the District Attorney read into evidence a portion of Appellant's testimony from a motion in limine hearing at which Appellant indicated "what lead into the accident, either a small dog or a deer per se was in the road and [he] went to avoid this animal and successfully avoided this animal and then an on-coming car was in [his] path and [he] tried to avoid colliding with them." N.T., 11/17/15, at 158.

         Matthew Brann, M.D., confirmed that, as a result of the accident, C.M. suffered a growth plate injury to his wrist, which required casting. N.T., 11/18/16, at 4. Further, he testified C.M. suffered "a bowel perforation, Jejunum Perforation which is the small bowel[, ] [a]n ulcer, a hematoma on Duodenum[, ] which is also the small bowel[, ] and injuries to his Transverse Colon." Id. at 5. Dr. Brann testified surgery was necessary to address C.M.'s internal injuries. Id. He noted that, with regard to the bowel injury, there was a significant risk of infection and septic shock, which can lead to death. Id. at 6. Dr. Brann testified that C.M. was transported via helicopter to a hospital in Rochester, New York, where his surgery was performed. Id. at 15. C.M. was in the hospital for twelve days. Id. at 6. Dr. Brann indicated that C.M.'s wrist healed well, although he continued to have "some discomfort with repetitive activities such as doing hay or tennis." Id. at 20.

         He testified that L.E. suffered a fracture to his left tibia, which required casting. Id. at 7. Dr. Brann admitted that, initially, L.E. was evaluated on March 1, 2013, at Arnot Ogden, and the fracture was not discovered at this time. Id. at 9-10. However, on March 2, 2013, when L.E. returned for a follow-up appointment, medical personnel noticed that L.E. was not putting weight on his leg, and the fracture was discovered. Id. at 10. Dr. Brann testified that, on March 21, 2013, L.E.'s leg was placed in a short cast, which was removed on April 11, 2013. Id. at 12-13. Dr. Brann noted that L.E.'s fracture healed well. Id. at 13.

         Joseph Haluska, M.D., a physician at Arnot Ogden, testified that he treated Appellant in the Emergency Room. Id. at 34-35. He indicated that he ordered a blood alcohol test because he intended to administer "very potent pain medication" to Appellant and he needed to ensure that he did not "create a more dangerous situation by giving [Appellant] a potent narcotic for pain relief on top of [a] possible significant alcohol level." Id. at 36. He specifically testified that he ordered the blood alcohol test "solely for the...diagnosis and treatment of [Appellant's] injuries." Id. at 37. He indicated that he did not perform the actual blood draw, but that he ordered such a draw and testing be performed. Id. at 37-38. After he received the results of the test, Dr. Haluska ordered that Appellant receive a narcotic drug, Dilantin, which was administered at 6:10 p.m. Id. at 41, 43-44. He noted that Dilantin would not affect one's blood alcohol content. Id. at 46.

         Katie Dieterle, a physician's assistant in the Emergency Room of Arnot Ogden, testified that she assisted with the care of Appellant on March 1, 2013, and she smelled a strong odor of alcohol on his breath. Id. at 52.

         Kelly Caporaso, R.N., testified she was an intravenous specialist at Arnot Ogden, and after being directed to do so by Dr. Haluska, she performed a blood draw on Appellant on March 1, 2013, at approximately 5:30 p.m. Id. at 73-74, 88. After drawing the blood, she placed it in a tube; she placed the tube in a biohazard bag and carried it to the laboratory. Id. at 75. She noted this is her normal practice with regard to the treatment of patients, and it was not done for legal purposes. Id. at 77.

         Elizabeth Catherine Martin, the System Director of Phlebotomy Services at Arnot Ogden, testified that the laboratory was certified by the New York State Department of Health to conduct blood alcohol testing. Id. at 56. She testified that, on March 1, 2013, the Arnot Ogden laboratory was not specifically certified by Pennsylvania to conduct blood alcohol testing because, at that time, Pennsylvania accepted its sister state's certification. Id. at 70. She noted that the testing is done using a machine, which prints out a blood serum report. Id. at 59. The machine that Arnot Ogden uses is the Cobas 6000 made by Beckman-Colder. Id. at 69. She indicated that there is a conversion factor recognized to convert serum levels to whole blood levels, which is recognized by the Journal of Toxicology. Id. at 67. She explained that "if you were to take [the] serum alcohol level and divide it by 1.18 you would get the equivalent whole blood alcohol level." Id. at 61.

         Cindy H. Schrader, a medical technologist at Arnot Ogden, testified that for blood alcohol testing the laboratory takes a specimen, spins in it the centrifuge, and then an alcohol level based on the serum is determined. Id. at 120. She indicated that she performed the testing of Appellant's pre- arrest blood draw, and at 6:14 p.m., his serum blood alcohol level was 0.145%. Id. at 124, 126.

         Ms. Martin was recalled to the stand and she testified that the conversion from serum blood alcohol to a corresponding blood alcohol would be .123% in the case sub judice. Id. at 159. Ms. Martin testified that Arnot Ogden provided Appellant's medical records, which contained his serum blood alcohol level, to the Commonwealth of Pennsylvania in response to a search warrant. Id. at 160.

         Pennsylvania State Police Trooper John J. Youngblood testified that he arrived at the accident scene at 5:45 p.m., and Appellant had already been transported to the hospital. Id. at 105. Trooper Youngblood went to Arnot Ogden at 7:45 p.m. in order to speak to Appellant, and at this time, Dr. Haluska informed him that a medical draw of Appellant's blood had been done. Id. at 106, 164. Upon questioning, Appellant told the trooper that the accident occurred when either he or the Suburban swerved to miss a black Labrador Retriever. Id. at 106. In speaking with Appellant, Trooper Youngblood noticed "a faint odor of alcohol" and that Appellant's speech was "slow." Id. at 108, 117. Accordingly, he asked Appellant if he had been drinking, using drugs, or taking any medication. Id. at 108. Appellant denied drinking alcohol or using drugs, but he admitted he had taken a blood thinner, as well as a muscle relaxer, earlier in the day. Id. Appellant told the trooper he had been traveling at approximately 55 mph at the time of the collision. Id. at 116.

         Pennsylvania State Police Trooper Joseph F. Wasko, who is a collision analyst and reconstruction specialist, testified that he was called at 6:00 p.m. to report to the scene, and he arrived approximately fifty minutes later. N.T., 11/19/15, at 5. He examined the scene and came back on March 25, 2013, to map the scene. Id. at 6. Trooper Wasko testified the roadway, from fog line to fog line, measured 22.02 feet wide, with the westbound lane being 10.86 feet wide and the eastbound lane being 11.18 feet wide. Id. at 16-19, 37-38. He indicated the Suburban was 6.58 feet wide with a curb weight of 5, 743 pounds, and the Avalanche was 6.67 feet wide with a curb weight of 5, 652 pounds. Id. at 19, 48-49. The Avalanche was 18.5 feet long. Id. at 47. The berm on the eastbound lane, from the fog line to the guardrails, measured 3.03 feet. Id. at 38.

         Trooper Wasko testified that he also analyzed both vehicles' airbag control modules, which electronically recorded the vehicles' data, and determined that the Suburban was traveling at 60 mph at two seconds before impact, 44 mph at one second before impact, and 40 mph at half a second before impact. Id. at 21-22. The Avalanche was traveling at 61 mph at two seconds before impact and 56 mph at one second before impact. Id. at 23. There was no data as to half a second before impact for the Avalanche. Id.

         The trooper noted that he examined the vehicles and discovered that the Avalanche had more frontal impact as compared to the Suburban, which had more of an angled impact on the front passenger side. Id. at 24.

         Trooper Wasko opined that the Suburban was attempting to avoid the collision. Id. at 54-55. He also opined that, based on his analysis of the accident scene and the damage to the vehicles, both vehicles were in the eastbound lane when they collided. Id. at 27. He noted that the gouge marks, scrapes, and scratches in the road, which occurred during the collision, revealed that the vehicles collided in the eastbound lane. Id. at 28.

         Trooper Wasko opined that, when the vehicles collided, the Suburban slid sideways from the eastbound lane across the center lane to the westbound lane, and when it reached the muddy, soft shoulder, it tipped onto its roof. Id. at 31. He testified that, upon collision, the Avalanche spun in a clockwise manner, remained "right side up, " and landed parallel to the eastbound guardrails in a westward direction. Id. at 31-32, 40.

         Trooper Wasko explained that the Avalanche came to a rest in the westward direction because of the mass and weight of the vehicles, combined with the speed of impact, and the energy from the collision. Id. at 49-50. He clarified that, during the collision, the vehicles touched each other for "a split second" and "as they are impacting one or both [vehicles] are going to the ground creating the gouges and [other] evidence[.]" Id. at 54. He noted the vehicles then rebounded and, based on the transfer of energy, as well as the direction the vehicles were traveling at the point of impact, physics determined where the vehicle would end up. Id. at 54-55. He noted the fact the Suburban "was already in a turning maneuver to try to avoid the collision" determined the vehicle would continue in that direction after impact, and the angle at which the Avalanche was hit meant that it could "only go one way and it can only go clockwise and come backwards and spin, it [couldn't] go any other way because the [Suburban] [was] preventing it from going that way." Id. at 55.

         The defense presented the testimony of Diana Protzman, a rescue worker for a nearby fire department. She testified that she responded to the scene and approached Appellant, who was sitting in the driver's seat of the Avalanche. Id. at 83. She noticed that he had a laceration to his lip and chin, as well as injuries to his ankle. Id. at 84. She placed gauze on his lip and instructed him to hold it in place. Id. at 85. She indicated that she was at about an arm's length away from Appellant for four to five minutes. Id. During this time, she did not detect an odor of alcohol coming from Appellant and she did not observe any signs of intoxication. Id. at 86.

         Appellant took the stand in his own defense, and he testified that he retired from the United States Navy due to a medical disability involving his heart and lower legs. Id. at 89. He denied consuming alcohol on March 1, 2013, and he denied driving his vehicle in the fashion described by Ms. Dennison and her brother. Id. at 91-98. He testified that, as he was approaching the area where the collision occurred, he was going the speed limit and there were no cars in front of or behind him. Id. at 99.

         Appellant indicated that, as he crested the hill "a black animal had hopped out in front of [him] and [he] swerved to miss it." Id. He clarified that the animal came from his right. Id. He indicated that his reaction was to jerk the steering wheel and then look in his rear view mirror to determine whether he had hit the animal. Id. at 99-100. He determined that he did not hit the animal and when he looked forward again he saw "a vehicle coming straight at [him]." Id. at 100. He indicated that his vehicle was situated on his side of the road in the westbound lane and the opposing vehicle was at an angle coming into his lane. Id. He tried to avoid the collision, but he was unable to do so. Id. at 101. He noted his Avalanche's front passenger side hit the front passenger side of the Suburban. Id.

         Appellant testified that, as he was being removed from the vehicle by emergency personnel, he advised them that he had swerved to avoid a black animal, which may have been a dog. Id. at 105-06. He noted that he also told the woman in the ambulance, hospital personnel, Trooper Youngblood, and the detective from the District Attorney's Office that he had swerved to miss a black dog or black animal. Id. at 108-09. He testified that the only person with whom he had any verbal interaction at the accident scene was Ms. Protzman. Id. at 110.

         Appellant indicated that, during the ambulance ride to Arnot Ogden, Ms. Prosser told him that he was being transported to a hospital in New York, but since the accident occurred in Pennsylvania, he needed to sign a consent form so that blood could be drawn. Id. at 111. Contrary to Ms. Prosser's testimony, Appellant testified that Ms. Prosser withdrew one vial of blood from him while he was in the ambulance. Id. Appellant further testified that, after he was taken into the Emergency Room, Ms. Prosser went out to the ambulance to retrieve the vial of blood, but he has no knowledge of what happened to the blood after this time. Id. at 112-13.

         Contrary to Nurse Caporaso's testimony, Appellant denied that Nurse Caporaso drew any pre-arrest blood samples from him while he was at Arnot Ogden. Id. at 114. He admitted that she gave him an injection of a narcotic for the pain. Id. at 115.

         Appellant testified that, at approximately 8:00 p.m., Trooper Youngblood arrived at Arnot Ogden, he asked Appellant to consent to a blood draw, and Appellant consented, resulting in one vial of post-arrest blood being drawn from his person by a nurse. Id. at 115-17. Appellant further testified that Trooper Youngblood immediately took control of the vial of blood.[5] Id. at 117. He indicated that he informed Trooper Youngblood that he had not consumed any alcohol on that day. Id. at 118. He noted that, in May of 2013, he subsequently informed the detective from the District Attorney's Office that he had not consumed any alcohol on March 1, 2013; however, he admitted that he told the detective that he had taken a muscle relaxer and consumed "some beers" the night before the accident. Id. at 118-19. He denied that any beer cans fell out of his Avalanche on the day of the accident. Id. at 124.

         At the conclusion of all testimony, the jury convicted of Appellant of the offenses indicated supra, and the trial court convicted Appellant of the summary offenses indicated supra. Appellant filed a post-verdict motion alleging the verdicts were not supported by sufficient evidence and/or the verdicts were against the weight of the evidence. By order entered on

         January 6, 2016, the trial court denied Appellant's post-verdict motions, and on January 7, 2016, Appellant proceeded to a sentencing hearing, at the conclusion of which he was sentenced to an aggregate of 252 months plus 30 days in prison to 564 months in prison.[6] Appellant was given 488 days of credit for time served, and he filed timely post-sentence motions, [7] which were denied by operation of law on June 20, 2016. This timely counseled appeal followed. The trial court directed Appellant to file a Pa.R.A.P.1925(b) statement, Appellant timely complied, and the learned trial judge, the Honorable Maureen T. Beirne, filed a responsive Pa.R.A.P. 1925(a) opinion on November 2, 2016.

1. Whether the trial court erred in denying via operation of law the motion for judgment of acquittal with respect to counts 6, 7, 8, 9, 10, 11, 14, 15, 16, 18, 20, and 21 where the undisputed physical facts establish it was not possible for [Appellant's] vehicle to have been in the eastbound travel lane of the highway at the time of the collision and therefore the returned verdicts were not supported by sufficient evidence?
2. Whether the trial court erred in finding that sufficient medical evidence had been presented to establish the minor child had suffered a serious bodily injury and therefore there was insufficient ...

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