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

v.

ISA LYONS Appellant : : : : : : : : : IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 3571 EDA 2018 Appeal from the Judgment of Sentence Entered November 19, 2018 In the Court of Common Pleas of Montgomery County Criminal Division

at No(s): CP

- 46

- CR

- 0003526

- 2017

BEFORE: BENDER, P.J.E., LAZARUS, J., and FORD ELLIOTT, P.J.E. MEMORANDUM BY LAZARUS, J.: FILED AUGUST 21, 2019 Isa Lyons appeals from the judgment of sentence, entered in the Court of Common Pleas of Montgomery County, following his c onviction for aggravated assault, 1 simple assault, 2 recklessly endangering a nother person, 3 and harassment. 4 Lyons argues that the evidence was insuff icient to support a verdict of guilty for aggravated assault

. After careful review, we affirm. On April 30, 2017, Horace White , the victim, and Lyons went separately
to Johnnie’s Bar (“Johnnie’s”). White, a man in his late seventies, made rude
comments towa rds Lyons. The men left Johnnie’s without any incident. On

_________________ __________ ______ ____ _______ 1 18 Pa.C.S. § 2702(a)(1).

2 18 Pa.C.S. §§ 2701(a)(1), (3).

3 18 Pa.C.S. § 2705.

4 18 Pa.C.S. § 2709(a)(1).J

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May 1, 2017, both men returned separat ely to Johnnie’s , and Lyons had a d isagreement with the bartender. Once again , White made another rude comment directed towards Lyons. After making the rude comment, White sat at the bar, interacted with a few customers, and eventually proceeded towar ds the restroom. Before White reached the bathroom, Lyons punched White in the face ten times, followed by one kick to the head. White lost consciousness after the first punch. An ambulance transported White to the h ospital , where he spent approximately four days recovering from his injuries

. Detecti ve Charles Leeds of the Norrist own Police Department arrived at Johnnie’s s hortly after the incident. Upon arrival , Detective Leeds saw blood and hum an teeth on the floor

. The Commonwealth entered p hotographs of the blood, Johnnie’ s surveillance video, a nd White’ s teeth as exhibits at trial

. T he bar’s surveillance video captured the entire assault

. On May 16, 2018 , following a bench trial, Lyons was convicted of the aforementioned offenses. Lyons was sentenced on November 19, 2018, to six to twelve years’ incarceration. Lyons filed a timely post

- sentence motion on November 28, 2018, which was denied the following day. On December 13, 2018, Lyons filed a notice of appeal to this Court, followed by a court ordered Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal. On appeal, Lyons argues there was insufficient evidence to prove intent to inflict serious bodily injury, an element of aggravated assault. A claim challenging the sufficiency of the evidence is a question of law and o ur standard of review is well

- settled . Evidence will be deemed sufficientJ

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to support the verdict w hen it establishes each element of the crime beyond a reasonable doubt. Commonwealth v. Karkaria, 625 A.2d 1167, 1167 (Pa. 1993). When reviewing a sufficiency claim , the court is required to view the evidence in the light most favorable to the verdict winner, giving the prosecution the benefit of all reasonable inferences to be drawn from the evidence. Commonwealth v. Chambers , 599 A.2d 630 , 633 ( Pa. 1991). A person is guilty of the offense of aggravated assault i f he attempts to cause serious bodily injury or causes serious bodily injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life. See 18 Pa.C.S. § 2702(a)(1). Serious bodily injury is defined as “bodily injury which creates 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. § 2301. Losing four teeth constitutes serious bodily injury. 5 See Commonwealth v. Kinney , 157 A.3d 968, 973 (Pa. Super. 2017). As White suffered serious bodily injury, the evidence does not need to show intent to cause serious bodily injury; it is sufficient if it shows Lyons acted intentionally, knowingly, or recklessly. See 18 Pa.C.S. § 2702(a)(1); see also Commonwealth v. Burton , 2 A.3d 598, 602 (Pa. Super. 2010). For a defenda nt to be guilty of aggravated assault, mere re cklessness is not sufficient. Rather, t he circumstances must manifest an extreme

_________________ __________ ______ ____ _______ 5 Lyons does not contest the trial court’s findings that White suffered serious bodily injury.J

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indifference to the value of human life. See Commonwealth v. O’ Hanlon , 653 A.2d 616, 618 (Pa. 1995). “W here the intention of t he actor is obvious from the act itself, the finder of fact is justified in assigning the intention that is suggested by the conduct.” Commonwealth v. Meredith , 416 A.2d 481, 485 (Pa. 1980). A person acts recklessly when he can reasonably anticipate
seri ous bodily injury or death will be the consequence of his action, and then ignores the consequence. See Commonwealth v. Hlatky , 626 A.2d 575, 581 (Pa. Super. 1993). A surprise attack to the head on an unsu specting
victim can constitute reckless indiffere nce to the value of a human life. Commonwealth v. Patrick , 933 A.2d 1041, 1047 (Pa. Super. 2007); see also Burton , 2 A.3d at 604. Our Supreme Court has provided a non

- exhaustive list of factors to consider when determining whether the intent to inflict serious bodily injury was present. Commonwealth v. Matthew , 909 A.2d 1254, 1258 (Pa. 2008). The factors include : s ignificant difference in size or strength betwe en t he vic tim and the defendant; any restraint of the defendant preventing him from escalating the attack; the use of a weapon; and statements before, during or after the attack which might indicate the defendant’s intent. Id. (citing Commonwealth v. Alexander , 383 A.2d 887, 889 (Pa. 1978)). The intent to cause serious bodily inju ry can be established by evidence showing that a defendant intended to strike a victim already rendered dazed and helpless. See Commonwealth v. Faulk , 928 A.2d 1061, 1071 (Pa. Super. 2007).J

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Here, there was sufficient ev idence to show Lyons acted reckles sly with indi fference to human life when he initially struck White. See Patrick , 933 A.2d at 1047. White , an elderly man, was walking to the restroom,
unprepar ed for the punch. Additionally, the Commonwealth presented sufficient evidence to show Lyons a cted with intent to inflict serious bodily injury. U nder the Alexander factors, there was sufficient evidence to show Lyons intended to cause serious bodily injury. Alexander , 383 A.2d at 889. Lyons is significantly younge r and larger than the victim, a nd the other bar patrons attempted to prevent Lyons from approaching the victim after the initial a ss ault. Lyons repeatedly striking a substantially smaller unconscious

man is further evidence of his intent to cause serious bodily injury. See Faulk , 928 A.2d at 1071. Thus , we conclude the evidence was sufficient to support Lyons’ aggravated assault conviction. Judgment of sentence affir med.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 8/21/2019