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Commonwealth v. Goodmond

Superior Court of Pennsylvania

June 15, 2018

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES GOODMOND Appellant

          Appeal from the PCRA Order September 23, 2016 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0004767-2009

          BEFORE: OTT, J., McLAUGHLIN, J., and STEVENS [*] , P.J.E.

          OPINION

          STEVENS, P.J.E JUDGE

         Appellant Charles Goodmond appeals from the denial of his first petition filed pursuant to the Post Conviction Relief Act (PCRA).[1] We affirm.

         Appellant was convicted of rape, involuntary deviate sexual intercourse ("IDSI"), unlawful contact with a minor, aggravated indecent assault without consent, incest, endangering the welfare of a child, and corruption of a minor.[2] A panel of this Court previously set forth the relevant facts which led to these convictions as follows:

[Appellant] assaulted his daughter, C.M., over a four year period, beginning when C.M. was nine-years-old. C.M., who lived with her mother, visited [Appellant] every other weekend. C.M. stated that [Appellant] would take advantage of these visits to assault her. C.M. indicated that the first assault occurred while C.M. was visiting [Appellant] at his girlfriend's house in Philadelphia. C.M. testified that while she was sleeping, [Appellant] carried her from her bed to the living room sofa, where he laid her on top of him and began to rub her buttocks. [Appellant] then placed C.M. on the floor and exposed his penis. He made her rub his penis with her hand and then inserted it into her mouth and moved her head "up and down."
C.M. testified that [Appellant] continued to force her to perform oral sex on him nearly every time she visited him. C.M[.] also testified that [Appellant] inserted his fingers in her vagina on several of these occasions. Once, while C.M. was visiting [Appellant] at her grandmother's house, [Appellant] forced her to suck his penis, ejaculated in her mouth and had her spit his semen into a soda bottle.
C.M. testified that she tried to stop seeing [Appellant], and that she became depressed and began to cut herself as a result of the abuse. Eventually, C.M. told a counselor at a psychiatric inpatient facility that [Appellant] had sexually abused her. [Appellant] was subsequently arrested.

Commonwealth v. Goodmond, No. 185 EDA 2012, unpublished memorandum at 1-2 (Pa.Super. filed July 23, 2013).

         Following a non-jury trial, Appellant was found guilty of the aforementioned crimes. On June 17, 2011, Appellant was sentenced to consecutive terms of ten (10) years to twenty (20) years in prison for the rape conviction and five (5) years to ten (10) years in prison for the IDSI conviction. The trial court further ordered that these prison terms would be followed by four consecutive terms of five (5) years' probation for the unlawful contact with a minor, aggravated indecent assault, incest, and endangering the welfare of a child convictions.

         Appellant filed post-sentence motions, which the trial court denied. Appellant thereafter filed a timely notice of appeal. As the trial court was no longer sitting on the bench at the time Appellant filed his appeal, a concise statement pursuant to Pa.R.A.P. 1925(b) was neither ordered nor filed. This Court denied the appeal in a memorandum decision filed on July 23, 2013. Commonwealth v. Goodmond, 82 A.3d 1074 (Table).

         On July 16, 2014, Appellant filed the instant PCRA petition. Counselled amended petitions were filed on September 3, 2015, and on August 26, 2016. The PCRA court dismissed Appellant's petition on September 23, 2016, and the instant appeal followed on October 21, 2016. The trial court issued its Order pursuant to Pa.R.A.P. 1925(b) on March 31, 2017, and Appellant filed his Statement of Matters Complained of on April 18, 2017.

         In his appellate brief, Appellant presents the following Statement of Questions Involved:

1. Did the trial court err by dismissing the Post Conviction Relief Act (PCRA) petition of [Appellant] because trial counsel was ineffective for failing to call any character witnesses to testify on [Appellant's] good character?
2. Did the trial court err by dismissing the Post Conviction Relief Act (PCRA) petition of [Appellant] where trial counsel was ineffective for failing to obtain the lab results from the rape ...

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