Com. v. Rutherford, D. (memorandum)
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J-S78004-16 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. DARNELL KIRK RUTHERFORD, JR., Appellant No. 931 WDA 2015 Appeal from the Judgment of Sentence Entered January 21, 2015 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0008728-2013 BEFORE: BENDER, P.J.E., OTT, J., and FITZGERALD, J.* MEMORANDUM BY BENDER, P.J.E.: FILED NOVEMBER 30, 2016 Appellant, Darnell Kirk Rutherford, Jr., appeals from the judgment of sentence of an aggregate term of 3½ to 7 years’ incarceration, imposed after he was convicted of various offenses, including robbery of a motor vehicle. Appellant challenges the sufficiency and weight of the evidence to sustain his convictions. After careful review, we affirm. We have examined the briefs of the parties, the certified record, and the applicable law. We have also reviewed the thorough opinion of the Honorable Edward J. Borkowski filed on March 14, 2016. In that decision, Judge Borkowski summarizes the pertinent facts and procedural history of Appellant’s case, and then succinctly evaluates each of the issues (and ____________________________________________ * Former Justice specially assigned to the Superior Court. J-S78004-16 various sub-claims) that Appellant raises on appeal. See Trial Court Opinion (TCO), 3/14/16, at 2-20.1 We conclude that Judge Borkowsi’s well-reasoned opinion accurately disposes of the issues presented by Appellant; thus, we adopt his rationale as our own and affirm Appellant’s judgment of sentence on that basis. Judgment of sentence affirmed. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 11/30/2016 ____________________________________________ 1 We note that Judge Borkowski also addresses several sentencing claims that Appellant has abandoned on appeal. See TCO at 20-26. We express no opinion on the propriety of Judge Borkowski’s decision on those issues, as they are not before us. -2- Circulated 11/07/2016 02:45 PM Circulated 11/07/2016 02:45 PM
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