Com. v. Hardee, A. (memorandum)
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J-S14002-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. ANDRE HARDEE Appellant No. 1051 EDA 2011 Appeal from the Judgment of Sentence March 3, 2011 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0000447-2008 CP-51-CR-0002319-2008 BEFORE: LAZARUS, J., OLSON, J., and FITZGERALD, J.* MEMORANDUM BY LAZARUS, J. FILED MAY 30, 2013 Andre Hardee appeals from his judgment of sentence entered in the Court of Common Pleas of Philadelphia County following his convictions of rape1, attempted rape2, involuntary deviate sexual intercourse3, and multiple counts of corruption of the morals of a minor4. Hardee challenges the weight and sufficiency of the evidence, as well as various trial court rulings. ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 18 18 18 18 2 3 4 Pa.C.S.A. Pa.C.S.A. Pa.C.S.A. Pa.C.S.A. § § § § 3121. 901, 3121. 3123(b). 6301. J-S14002-13 After our review, we conclude no relief is due and we affirm on the opinion authored by the Honorable Willis W. Berry. Hardee lived in Philadelphia with his three minor cousins, their mother (his aunt) and their grandmother for two years. During those two years, Hardee repeatedly sexually assaulted his young cousins. After the children s mother died, the children were placed in foster care. It was during their foster placement that the children reported the incidents to their foster parents. Following trial, the court determined Hardee was a sexually violent predator under Megan s Law and sentenced him to an aggregate term of 20 to 40 years incarceration. Hardee filed post-sentence motions, which were denied after a hearing. On appeal, Hardee raises the following issues for our review: 1. Whether the evidence was sufficient to sustain a verdict of guilt? 2. Whether the verdict was against the weight of credible evidence? 3. Whether the court erred in permitting evidence where there was no crime charged to support it and such evidence constituted a prior bad act? 4. Whether the court erred in permitting the evidence of a third party s criminal record to be admitted? 5. Whether the court erred in not granting a mistrial after the opening statement and after the closing statement where the prosecutor utilized prejudicial language and inadmissible evidence? 6. Whether the court erred in allowing testimony that was speculative, prejudicial and inflammatory in nature? -2- J-S14002-13 After our review of the parties briefs, the record, and the relevant law, we conclude that the trial court opinion properly disposes of Hardee s issues on appeal. Therefore, we rely upon Judge Berry s decision to affirm Hardee s judgment of sentence. We instruct the parties to attach that decision, with all references to the victims redacted, in the event of further proceedings in this matter. Judgment of sentence affirmed. FITZGERALD, J., Concurs in the result. Judgment Entered. Prothonotary Date: 5/30/2013 -3-
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