from the Judgment of Sentence January 29, 2018 In the Court
of Common Pleas of Philadelphia County Criminal Division at
BEFORE: PANELLA, P.J., STABILE, J., and STEVENS,
Eric J. Davis appeals from the Judgment of Sentence Entered
in the Court of Common Pleas of Philadelphia County on
January 29, 2018, following his convictions of Rape of a
Child and related offenses. We affirm.
trial court set forth the relevant facts revealed during the
jury trial herein as follows:
[Appellant] was found guilty of Rape of a Child, Involuntary
Deviate Sexual Intercourse with a Child, Aggravated Indecent
Assault of a Child, and Unlawful Contact with a Minor,
following a jury trial on July 25, 2017. These charges
stemmed from a May 21, 2014 phone call to the police which
reported the sexual assault of the complainant, [N.W.],
1 age 12, by her cousin, [A]ppellant. When
officers arrived, the complainant stated to the police that
[Appellant] had digitally penetrated her vagina earlier that
same day. At trial, the complainant testified that
[A]ppellant had been touching her inappropriately since
August 2013. Notes of Testimony ("N.T."),
07/19/2017, at 16, 29-31, 36, 38. Appellant was tried by a
jury and convicted for the above offenses and was sentenced
on January 29, 2018 to an aggregate term of 15 to 40 years of
state confinement and 10 years reporting probation with
Megan's Law Lifetime Registration. Sentencing Order,
01/29/18. This timely appeal followed.
At trial, the [C]ommonwealth's case-in-chief consisted of
the testimony of nine (9) witnesses: Complainant, [N.W],
[J.D. IV], ([N.W's] step father), [A.W.] ([N.W.'s]
great aunt), [M.W.] ([N.W.'s] brother), Police Officer
Ramon Rosado, Detective Erin Hinnov (Special Victim's
Unit-Child Abuse Unit), Detective Michael Swan, Dr. Maria
McColgan and Michele Kline (Forensics Interview Specialist,
Children's Alliance). The errors claimed by [A]ppellant
deal specifically with the testimony of the complainant and
of Dr. Maria McColgan, who was called by the Commonwealth as
an expert witness in the field of physical and sexual abuse
of children, whose testimony included hearsay statements of
the complainant contained within her medical records.
Complainant's Trial Testimony
The complainant testified as follows. Complainant was born on
November 29, 2001 and was sixteen (16) years [old] at the
time of trial. She testified that she spent time at her
aunt's house at 2527 North 19th St. while her mother was
at work. N.T., 07/20/17, at 17-18. The Appellant, who was the
complainant's older cousin, also resided at this location
with the complainant's aunt. Id. The complaint
[sic] testified that the Appellant began inappropriately
touching her in August of 2013. Id. at 16. She
testified that on one occasion, the Appellant placed her on
top of him "and started like rocking [her] back and
forth. . . ." Id. at 23. Several times, the
Appellant digitally raped her. Id. at 27-28. When
the victim was 11 years old, [Appellant] licked and rubbed
his penis on the complainant's vagina. Id. at
28-29. The complainant testified that, during one such
encounter, the Appellant, referring to his penis, told her,
"I'm just going to rub it on top." Id.
After these reoccurring incidents, the complainant asked the
Appellant why he was doing this to her. Id. at 32.
In response to the complainant's question, the Appellant
said he and the complainant were going to get married and
have kids. Id. at 32. Another time, [Appellant]
"took out his penis" and attempted to force the
victim to touch it. Id. at 30.
On May 21, 2014, the complainant called the police after the
Appellant again inserted his fingers into her vagina.
Id. at 35-37.
118 Pa.C.S.A. § 3121 §§ C, §
3123 §§ B, § 3125 §§ B, and §
6318 §§Al, respectively.
Trial Court Opinion, filed 1/10/19, at 1-2, 3-4.
January 29, 2018, Appellant was sentenced to an aggregate
prison term of fifteen (15) years to forty (40) years to be
followed by ten (10) years of reporting probation. Appellant
filed a post-sentence motion on February 11, 2018, and the
trial court denied the same on February 13, 2018.
Appellant filed a timely appeal on March 1, 2018. On March 5,
2018, the trial court directed him to file a concise
statement of the matters complained of on appeal pursuant to
Pa.R.A.P. 1925(b), and, after receiving his requested
extension of time in which to do so, Appellant filed his
concise statement on May 30, 2018. Therein, Appellant set
forth five points of error, and he presents two of those
claims in the Statement of the Questions Involved portion of
his appellate brief:
A. Was not the evidence insufficient for conviction of
unlawful contact with a minor, insofar as [Appellant] was not
in contact with the ...