J-S19037-20

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

BRIAN ADORNO,

Appellant

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IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 3385 EDA 2018

Appeal from the Judgment of Sentence Entered October 26, 2018

in the Court of Common Pleas of Philadelphia County 

Criminal Division at No(s): CP-51-CR-0009129-2017

COMMONWEALTH OF PENNSYLVANIA

v.

BRIAN ADORNO,

Appellant

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IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 3410 EDA 2018

Appeal from the Judgment of Sentence Entered October 15, 2018

in the Court of Common Pleas of Philadelphia County

Criminal Division at No(s): CP-51-CR-0009110-2017

BEFORE: BOWES, J., McCAFFERY, J., and MUSMANNO, J.

MEMORANDUM BY MUSMANNO, J.: Filed: June 25, 2020

Brian Adorno (“Adorno”) appeals from the judgments of sentence 

imposed following his convictions of aggravated assault, simple assault, 

recklessly endangering another person, harassment, stalking, and 

possessing an instrument of crime at Philadelphia County docket number 
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9110-2017 (“9110-2017”),

1 and possessing an instrument of crime, simple 

assault, and recklessly endangering another person at Philadelphia County 

docket number 9129-2017 (“9129-2017”). We affirm.

At around 1:15 a.m. on June 24, 2017, at the 2900 block of American 

Street in Philadelphia, Pennsylvania, Adorno physically assaulted the victim, 

S.A. (“the victim”).

2

 Adorno punched the victim numerous times in the face 

and chest. The victim escaped from Adorno, drove away in her vehicle, and

was followed by Adorno, in his vehicle. Following a brief vehicle chase,

Adorno rammed his vehicle into the back of the victim’s vehicle. The 

collision caused the victim’s vehicle to crash, and become stuck between a 

wall and a light pole. Adorno and the victim exited their vehicles, and 

Adorno approached the victim. Adorno shoved the victim against the wall, 

punched her in the face, knocked her to the ground, and, while she was 

lying on the ground, kicked her in the face. Adorno eventually left in his 

vehicle. Paramedics and police arrived and assisted the victim. The victim

was transported to the emergency department, and reported suffering from 

pain, dizziness, headaches, difficulty breathing through her nose, and blurry 

vision. She was diagnosed with a maxillary fracture, and extensive bruising 

____________________________________________

1 18 Pa.C.S.A. §§ 2702(a), 2701(a), 2705, 2709(a)(1), 2709.1(a)(1), 

907(a).

2 The victim testified at trial that Adorno was her ex-boyfriend.
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and swelling in her face. The victim underwent surgery to correct the 

maxillary fracture.

On July 26, 2017, Adorno was charged, at 9129-2017, with possessing 

an instrument of crime, simple assault, and recklessly endangering another 

person. 

On September 13, 2017, as the victim was driving home from 

dropping her daughter off at school, she noticed Adorno following her in his 

vehicle. Adorno passed the victim, and pulled in front of the victim’s vehicle. 

The victim slowed her vehicle, turned onto a cross-street, and, fearing that 

Adorno would crash into her vehicle, brought it to a stop. Adorno stopped 

his vehicle behind the victim’s vehicle, and exited his vehicle. He then

approached the victim’s vehicle, opened the front passenger-side door, and 

entered the passenger compartment, without the victim’s permission. 

Adorno punched the victim in the face between ten and twenty times. 

Adorno then reached for a 10-inch knife in his pocket, at which time the 

victim exited her vehicle and ran down the street. Adorno initially pursued 

the victim, but at some point stopped and fled the scene in his vehicle. The 

victim sought help from a nearby bystander, who called the police. Police 

and paramedics arrived and took the victim to the hospital. As a result of 

the assault, the victim suffered a broken nose, a maxillary fracture,

extensive bruising and swelling in her face and both eyes, and cuts to both 

lips. The victim underwent surgery to correct the broken nose.
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On September 15, 2017, Adorno was charged, relating to the 

September 13, 2017, incident, at 9110-2017,3 with simple assault, 

recklessly endangering another person, aggravated assault, harassment, 

stalking, and possession of an instrument of crime. 

On February 22, 2018, the trial court consolidated for trial 9110-2017 

and 9129-2017. Following a bench trial, the court found Adorno guilty of all 

charges at both docket numbers. The trial court sentenced Adorno, at 9110-

2017, to an aggregate term of 7 to 14 years in prison, and at 9129-2017, to 

an aggregate term of 2 to 4 years in prison, to run concurrent with the 

sentence imposed at 9110-2017. Adorno filed a post-sentence Motion, 

challenging, inter alia, the sufficiency of the evidence to convict Adorno of 

aggravated assault at 9110-2017. The trial court denied the Motion. 

Adorno filed timely Notices of Appeal, one at each docket number, and

court-ordered Pa.R.A.P. 1925(b) Concise Statements of matters complained 

of on appeal, one at each docket number.

On appeal, Adorno raises the following question for our review:

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3

 We note that despite occurring several months after the first incident, 

which occurred in June 2017, the September 2017 criminal charges were 

docketed at a sequentially lower case number. The docket reveals that the 

preliminary hearing for the September 2017 charges occurred prior to the 

preliminary hearing for the June 2017 charges. Further, it appears that the 

trial court’s Opinion misstates the two case numbers in its recitation of the 

facts.
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Was not the evidence insufficient to sustain a verdict of guilty on 

the charge of aggravated assault as a felony of the first 

degree[,] on the indictment corresponding to the docket number 

9110-2017[,] when the evidence did not establish [that Adorno] 

attempted to “cause serious[] bodily injury” to the complaining 

witness, or that [Adorno] actually caused serious bodily injury to 

the complainant “intentionally, knowingly or recklessly under 

circumstances manifesting extreme indifferent to the value of 

human life[?]”

Brief for Appellant at 8.4

When considering a challenge to the sufficiency of the evidence, we 

ascertain

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 [that of] 

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. Melvin, 103 A.3d 1, 39-40 (Pa. Super. 2014) (citation 

omitted). 

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4 Despite filing a Notice of Appeal at each docket number, Adorno has not 

raised any claims relating to the June 2017 incident, filed at 9129-2017.
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Adorno alleges that the evidence was insufficient to support his 

conviction for aggravated assault relating to the September 2017 incident. 

See Brief for Appellant at 11-13. Adorno argues that the evidence did not 

establish that he attempted to cause seriously bodily injury to the victim, or 

actually caused serious bodily injury to the victim intentionally, knowingly, 

or recklessly. Id. According to Adorno, the victim was at no risk of death;

she was not hospitalized for an extended period of time; and she made a full 

recovery. Id. at 12-13. Adorno claims that the victim’s testimony regarding 

Adorno brandishing a knife was not credible, and that even if Adorno had 

brandished a knife, it was not until the end of the commission of the assault, 

and he did not verbally threaten to kill the victim. Id. at 13.

“A person is guilty of aggravated assault if he ... attempts to cause 

serious bodily injury to another, or causes such injury intentionally, 

knowingly or recklessly under circumstances manifesting extreme 

indifference to the value of human life.” 18 Pa.C.S.A. § 2702(a)(1). Serious 

bodily injury is defined by the Crimes Code as “[b]odily injury which creates 

a substantial risk of death or which causes serious, permanent 

disfigurement, or protracted loss or impairment of the function of any bodily 

member or organ.” 18 Pa.C.S.A. § 2301.

Here, regarding the September 2017 incident, the victim testified that 

Adorno struck her in the face, with a closed fist, 10 to 20 times. N.T., 

6/18/18, at 25-26. The victim stated that she suffered a broken nose, a 
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maxillary fracture, and extensive facial bruising, and that she still suffers 

from vision and memory problems. Id. at 15, 25-26, 29. The victim 

received surgery to correct the broken nose. See id. at 28-29. Medical 

records admitted at trial confirmed the victim’s reported injuries. See

Commonwealth Exhibit 17 (September 13, 2017, Medical Records); N.T. at 

88 (wherein Commonwealth Exhibit 17 was admitted into evidence).

Photographs of the victim following the assault show extensive bruising to 

the victim’s face. See Commonwealth Exhibit 3 (photograph of the victim); 

N.T. at 23 (wherein Commonwealth’s Exhibit 3 was introduced); 

Commonwealth Exhibits 7 through 11 (photographs of the victim); N.T. at 

27 (wherein Commonwealth Exhibits 7 through 11 were introduced). The 

responding police officer testified that immediately following the attack, the 

victim’s face “was covered in blood ... like out of a horror movie.” Id. at 42. 

Photographs of the victim’s vehicle following the attack show that it was

covered in blood splatter and smears. See Commonwealth Exhibits 4 

through 6 (photographs of the victim’s vehicle interior); N.T. at 23 (wherein 

Commonwealth Exhibits 4 through 6 were introduced).

Viewing the evidence in a light most favorable to the Commonwealth, 

there was sufficient evidence to establish that Adorno attempted to cause, 

and in fact caused, serious bodily injury to the victim. See 18 Pa.C.S.A. 

§ 2702(a)(1); see also Commonwealth v. Kinney, 157 A.3d 968, 973 

(Pa. Super. 2017) (concluding that evidence showing that the appellant 
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repeatedly kicked and punched the victim in the head, causing a swollen and 

bulging right eye and “lips [that] were swollen to two to three times their 

original size” was sufficient to prove that the appellant attempted to cause 

the victim serious bodily injury). Accordingly, the evidence was sufficient to 

support Adorno’s conviction for aggravated assault, and his claim thus lacks 

merit.

Judgments of sentence affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 6/25/20