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Commonwealth v. Bullick8/4/2003
1 Robert Bullick (Appellant) appeals from the judgment of sentence imposed following the October 24, 2002 bench trial in which he was found guilty of the summary offense of reckless driving, 75 Pa.C.S. § 3736. We reverse.
2 On June 16, 2002, Officer Douglas Slemmer of the Bristol Township, Bucks County Police Department was dispatched to the scene of a one-vehicle accident at the "T" intersection formed where Mill Creek Parkway ends at Bristol Oxford Valley Road in Levittown. N.T., 10/24/02, at 5-6. Officer Slemmer observed a set of skid marks approximately 100 feet long, which began on Mill Creek Parkway and crossed over Bristol Oxford Valley Road and onto the grass near a wooded area, leading to a damaged and unoccupied pick-up truck 45 to 60 feet off the roadway. Id. at 6-8. The vehicle was registered to Appellant. Id. at 22-23, 28.
3 Continuing his investigation, Officer Slemmer approached a nearby residence, whereupon Appellant came out of the house and told Officer Slemmer that he was the driver, he had an accident, and he just drank a beer in the house. Id. at 9-10, 12, 23-24, 30. Officer Slemmer testified that Appellant's clothing was dirty and in disarray and that Appellant smelled of alcohol, slurred his speech and that his eyes appeared glassy and bloodshot. Id. at 11, 36, 58-59.
4 Officer Slemmer requested that Appellant perform two field sobriety tests. Appellant complied, but was unable to perform them to the officer's satisfaction. Id. at 13-18, 35, 37-52, 60-63. Officer Slemmer then arrested Appellant for Driving Under the Influence , 75 Pa.C.S. § 3731(a)(1), and Reckless Driving, 75 P.S. § 3736. Id. at 18. Appellant was transported to an area hospital for purposes of securing a blood-alcohol reading, however, Appellant refused to submit to a blood-alcohol test. Id. at 19-21.
5 Appellant waived his right to a jury and proceeded to a bench trial on the DUI charge. Id. at 2-4. At the conclusion of the Commonwealth's case, the court sustained Appellant's demurrer to the charge of driving under the influence . Id. at 66. The Commonwealth then immediately proceeded with a hearing on the reckless driving charge. Id. at 66-71. By stipulation, the testimony from the DUI trial was incorporated into the record. Id. The court found Appellant guilty of the summary offense of reckless driving, for which the statute prescribes a fine of $200. Id. at 70-71.
6 Appellant raises two issues on direct appeal. First, he claims that he is entitled to a new trial because, he argues, the trial court erred by admitting an inculpatory hearsay statement prior to the establishment of corpus delicti for the reckless driving charge. Second, he argues that the evidence was insufficient to support the conviction for reckless driving. On this point, Appellant requests the Superior Court set aside the conviction.
7 In his second issue, Appellant argues that the evidence was insufficient to support his conviction for reckless driving. We address this issue first because its resolution renders Appellant's corpus delicti argument moot.
8 Our standard of review is as follows:
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 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 doubt
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