Commonwealth v. Martinez

1

COMMONWEALTH OF PENNSYLVANIA v. JUSTIN MARTINEZ Appellant COMMONWEALTH OF PENNSYLVANIA v. JUSTIN JUAN DE LA CRUZ MARTINEZ Appellant

Nos. 600 WDA 2023, 601 WDA 2023

No. J-A06016-24

Superior Court of Pennsylvania

March 4, 2024

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

Appeal from the Judgment of Sentence Entered May 22, 2023 In the Court of Common Pleas of Westmoreland County Criminal Division at No(s): CP-65-CR-0000231-2020 CP-65-CR-0005559-2019

BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and BECK, J.

JUDGMENT ORDER

PANELLA, P.J.E.

Justin Martinez appeals from the judgment of sentence entered in the Court of Common Pleas of Westmoreland County on May 22, 2023 at docket Nos. 5559-2019 and 231-2020. After careful review we conclude Martinez's brief violates the Pennsylvania Rules of Appellate Procedure to such a degree that it impedes our review. The only contention raised in Martinez's brief is a rambling narrative which restates his factual defense at the time of trial, which was rejected by the finder of fact. Although we could dismiss this appeal on this basis alone, we adopt the trial court's well-written and comprehensive OPINION PURSUANT TO RULE 1925, dated July 20, 2023, which is attached hereto, as it explains that the verdicts were based upon competent and substantial evidence.

This case is to be removed from the Argument list of March 5, 2024.

Judgment of Sentence affirmed.

Judgment Entered.

OPINION PURSUANT TO RULE 1925

AND NOW, this 20 day of July, 2023, the Court files the herein Rule 1925(a) Opinion following the filing of the Defendant's Notices of Appeal and Concise Statement of Errors Complained of on Appeal:

No. 5559 C 2019

On November 20, 2019, a criminal complaint was filed charging the defendant with Disorderly Conduct, 18 Pa.C.S. §5503(a)(4), and Resisting Arrest, 18 Pa.C.S. §5104. These charges arose out of an incident where the defendant was alleged to have videorecorded the secure area of the communications room at the Pennsylvania State Police Kiski Valley barracks, refused to comply with police directives to surrender the recording, and forcibly resisted police efforts to obtain the recording.

On December 23, 2019, the defendant waived counsel, and appeared pro se before Magisterial District Judge Jason Buczak for a preliminary hearing. At the conclusion of the evidence, all charges were held for court.

On January 27, 2020, a Criminal Information was filed, charging the defendant with Disorderly Conduct, 18 Pa.C.S, §5503(a)(4), and Resisting Arrest, 1.8 Pa.C.S. §5104.

On February 25, 2020, the defendant was formally arraigned on the Commonwealth's Information. On March 12, 2020, the Commonwealth filed a Notice consolidating this case with No. 231 C 2020.

No. 231 C 2020

On December 3, 2019, a criminal complaint was filed charging the defendant with Trespass, .18 Pa.C.S. §3503(b)(1)(y), and Disorderly Conduct, 18 Pa.C.S. §55.03(a)(4). These charges arose out of an incident at the start of the school, day on November 19,2019, where it was alleged that the defendant, wearing a unicorn head mask and carrying a sign, stood on the property of the Deny Area High School and on the berm of the road immediately adjacent to the.school's driveway, impeding entry into the school and distressing students, parents, and teachers, at a time after written notice was given to him that he was not permitted on school property, On January 15,2020, the defendant waived counsel and appeared_pro se before Magisterial District Judge Mark Bilik for a preliminary hearing. At the conclusion of the evidence, all charges were held for court.

On March 12,2020,. a Criminal Information was filed, charging, the defendant with Defiant Trespass, 18 PaC.S. §3503(b)(1)(v), and two counts of Disorderly Conduct,, 18 PaC.S. §5503(a)(4);

On March. 12, 2020, the Commohwealth filed a Notice, consolidating this case with No. 5559 C 2019.

On June 9, 2020, the defendant was formally arraigned on the Commonwealth's Information.

Nos. 5559 C 2019 and 231 C 2020

On September 18, 2020, and November 9, 2020, the defendant pro se filed fourteen motions. These were, heard by the Honorable Christopher A, Feliciani on January 13, 2021, and resolved by agreement or order.

On February 5, 2021, the Commonwealth filed a motion to modify the defendant's bail.

On February 8, 2021, the defendant pro se filed eight additional motions. These were heard on February 19, 2021, and,, after an evidentiary hearing, denied.

On February 8, 2021, after an evidentiary hearing, the Court ordered modification of the defendant's bond to include conditions of home electronic monitoring and no internet access until further order of court. The Court also directed the defendant to remove the video from social media which was the subject of the Commonwealth's motion.

On February 16,2021, the Court ordered the defendant to obtain a psychiatric evaluation.

On February 19,2021, the defendant pro se filed an additional three motions. These were denied by Court Order dated February 22,2021.

On February 22, 2021, and February 25,2021, the defendant pro se filed an additional four motions. On March 1, 2021, the Office of the Public Defender of Westmoreland County entered its appearance on defendant's behalf. On March 2, 2021, the Court issue an Order denying the defendant's pro se motions without prejudice to re-filing as counseled motions.

On May 26, 2021, defendant, through counsel, filed a Petition for Writ of Habeas Corpus. An evidentiary hearing on this motion was held on September 8, 2021, December 13, 2021, and December 15, 2021. Habeas Corpus relief was denied by Order dated December 15, 2021.

On July 12, 2021, defendant, through counsel, filed a motion for bond modification. On July 23, 2021, the Court granted defendant's motion arid ordered that he be released from home electronic monitoring and participate in recommended treatment.

On October 12, 2021, counsel moved to. withdraw from representation, citing disagreements between the defendant and counsel. On October 26, 2021, after a hearing, the Court granted leave for the Office of the Public Defender to withdraw and, at the defendant's request,. appointed stand-by counsel

On November 15, 2021, after new criminal charges were filed against, the defendant, a detainer was issued directing that the defendant be incarcerated. On December 1, 2021, after a hearing, the Court denied that Commonwealth's motion to revoke bond and ordered that the defendant be released on home electronic monitoring.

On February 8, 2022, a hearing was held on several motions that were filed by the defendant. At the conclusion of the hearing, the Court ordered that additional discovery materials be provided to the defendant and that the defendant be released from home electronic monitoring.

By Order dated April 14, 2022*. the Court directed that the defendant's two cases which were consolidated be listed for a. jury trial.

By Order dated July 13,2022, the Court denied the defendants request to consolidate new criminal charges at No, 338 C 2022.for trial with the two cases captioned above.

On August 22, 2022, trial commenced before Judge Feliciani, sitting with a jury. On August 29,2022, at No, 5559 C 2019, the jury returned verdicts of guilty as to Count 1 (Disorderly Conduct) and not guilty as to Count 2 (Resisting Arrest) and, at No. 231 C 2020, verdicts of not guilty as to Count I (Defiant Trespass) and guilty as to Count 2 (Disorderly Conduct). Sentencing was deferred pending a pre-sentence investigation.

On September 7, 2022, defendant pro se filed eight motions seeking various forms Of post-trial relief.

On September 9, 2022,. defendant filed a Notice of Appeal with the Superior Court of Pennsylvania, docketed at No. 1037 WDA2022. On January 27, 2023, this appeal was quashed after the Superior Court found that it was premature. On March 14, 2023, the record was remanded/remitted to the trial court.

On March 30, 2023, Judge Feliciani recused himself from further proceedings in all three case involving the defendant, including the two which are the subject of this Court's opinion pursuant to Rule 1925.

On May 22, 2023, the undersigned, having assumed judicial responsibility for the cases docketed at the above numbers and terms, sentenced the defendant at No. 231 C 2020 to a period of. incarceration for fifteen days to one year, with credit for fifteen days which were previously served. The defendant was further awarded credit for the time served on home electronic monitoring and supervision was closed. At No, 5559 C 2019, the defendant was sentenced to a period of incarceration for fifteen days to one year, with credit for fifteen days which were. previously served, concurrent with the sentence imposed at No. 231 C 2020. The defendant was further awarded credit for the time served on home electronic monitoring and supervision was closed.

On May 23, 2023^;, the defendant timely filed an appeal to the Pennsylvania.Superior Court. Further, the defendant timely filed a Concise. Statement of Errors Complained of on Appeal raising the following issues: the sufficiency of the evidence regarding the conviction at No. 231 C 2020, arguing that his conduct was. in furtherance of a legitimate purpose of protesting; the sufficiency of the evidence regarding the conviction at No. 5559 C 2019, arguing that his conduct was in furtherance of a legitimate purpose of filing, a complaint with the Pennsylvania State Police; and the propriety of the jury instruction on Disorderly Conduct regarding evaluation of the alleged conduct using a standard of reasonableness instead of individual intent.

This Opinion is in support of the Order, of Sentence imposed on May...