Com. v. Golphin, M. (memorandum)
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J. S33005/14 NON-PRECEDENTIAL DECISION COMMONWEALTH OF PENNSYLVANIA v. MARKEA GOLPHIN, Appellant SEE SUPERIOR COURT I.O.P. 65.37 : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2101 EDA 2012 Appeal from the Judgment of Sentence, February 23, 2012, in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0009763-2010 BEFORE: FORD ELLIOTT, P.J.E., OLSON AND STABILE, JJ. MEMORANDUM BY FORD ELLIOTT, P.J.E.: FILED JULY 15, 2014 Appellant, Markea Golphin, appeals from the judgment of sentence imposed after a jury convicted her of first-degree aggravated assault, simple regate sentence of ten to twenty-five years. Upon review, we affirm on the trial court opinion. On appeal, appellant challenges only the sufficiency of the evidence to sustain her aggravated assault conviction. Our standard of review in challenges to the sufficiency of the evidence is well settled: The standard we apply in reviewing the sufficiency of the evidence is whether viewing all the evidence admitted at trial in the light most favorable to the verdict winner, there is sufficient evidence to enable the fact-finder to find every element of the crime J. S33005/14 beyond a reasonable doubt. In applying [the above] test, we may not weigh the evidence and substitute our judgment for the fact-finder. In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. Any doubts regarding a defendant's guilt may be resolved by the fact-finder unless the evidence is so weak and inconclusive that as a matter of law no probability of fact may be drawn from the combined circumstances. The Commonwealth may sustain its burden of proving every element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence. Moreover, in applying the above test, the entire record must be evaluated and all evidence actually received must be considered. Finally, the [finder] of fact while passing upon the credibility of witnesses and the weight of the evidence produced, is free to believe all, part or none of the evidence. Commonwealth v. Jones, 874 A.2d 108, 120 (Pa.Super. 2005). We have reviewed the record in this case and conclude that the jury, as factof aggravated assault. There is sufficient evidence of record that appellant possessed the intent necessary to sustain this conviction. In conducting our review, we find that the Honorable Glenn B. Bronson has ably and Pa.R.A.P. 1925(a) opinion. We, therefore, Judge -2- adopt and incorporate J. S33005/14 Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 7/15/2014 -3- Circulated 06/26/2014 12:55 PM Circulated 06/26/2014 12:55 PM Circulated 06/26/2014 12:55 PM Circulated 06/26/2014 12:55 PM Circulated 06/26/2014 12:55 PM Circulated 06/26/2014 12:55 PM Circulated 06/26/2014 12:55 PM
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