from the PCRA Order September 23, 2016 In the Court of Common
Pleas of Philadelphia County Criminal Division at No(s):
BEFORE: OTT, J., McLAUGHLIN, J., and STEVENS [*] , P.J.E.
STEVENS, P.J.E JUDGE
Charles Goodmond appeals from the denial of his first
petition filed pursuant to the Post Conviction Relief Act
(PCRA). We affirm.
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. 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unpublished memorandum at 1-2 (Pa.Super.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,
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
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
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.
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 ...