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Commonwealth v. Thornton

Judgment of sentence affirmed; trial court's instructions to jury to disregard hearsay testimony given by trooper were sufficient to provide defendant with a fair trial.

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�1 Edmund Thornton appeals from a June 17, 1999 judgment of sentence entered in the Court of Common Pleas of McKean County. We affirm.

�2 As the result of an incident with a ten year old child that occurred on May 23, 1998, Appellant was convicted of attempted involuntary deviate sexual intercourse, attempted sexual assault, attempted indecent assault, endangering the welfare of children, and corruption of minors. Following the April 28, 1999 conviction, he was sentenced to three and one half (3�) to seven (7) years’ imprisonment on June 17, 1999.

�3 On October 22, 1999, Appellant filed a pro se Post Conviction Relief Act (PCRA) petition, counsel was appointed to represent him, and an amended PCRA petition was filed on November 16, 2000. Appellant was subsequently granted the right to appeal nunc pro tunc on December 11, 2000, and he did so on January 9, 2001. As directed by the lower court, Appellant filed a Pa.R.A.P. 1925(b) statement on January 19, 2001, asserting that (1) the District Attorney committed prosecutorial misconduct by calling Trooper Charles Gross to the stand to proffer hearsay testimony, denying Appellant a fair and impartial trial; (2) Appellant’s trial counsel was ineffective in failing to object to the trooper’s testimony; and (3) Appellant’s trial counsel was ineffective for failing to move for a mistrial based on prosecutorial misconduct. The lower court responded with a Rule 1925(a) opinion.

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