J-S46042-20

2020 PA Super 281

COMMONWEALTH OF PENNSYLVANIA

v.

BERTRAND GBOKO 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 708 EDA 2020

Appeal from the Judgment of Sentence Entered January 30, 2020

in the Court of Common Pleas of Philadelphia County 

Criminal Division at No(s): CP-51-CR-0002584-2019

BEFORE: BENDER, P.J.E., SHOGAN, J., and MUSMANNO, J.

OPINION BY MUSMANNO, J.: FILED DECEMBER 10, 2020

Bertrand Gboko (“Gboko”) appeals from the judgment of sentence 

imposed following his conviction of recklessly endangering another person and 

possession of an instrument of crime.1 We affirm.

The trial court summarized the factual history underlying the instant 

appeal as follows:

On the night of March 26, 2019, [Gboko] attended a happy hour 

event with co-workers who dropped him off at Front Street and 

Girard Avenue when the happy hour ended. While waiting for his 

trolley, two men approached [Gboko] and attempted to rob him. 

[Gboko], who admitted to being “buzzed,” attempted to fight back 

using a pocket knife. [Gboko] then swung the knife and attacked 

an uninvolved bystander [(“the Complainant”)], who was forced 

to use a table leg to defend himself multiple times. Police showed 

up and arrested [] Gboko[,] who was charged with aggravated 

assault, possession of an instrument of crime with the intent to 

employ it criminally, simple assault, and recklessly endangering 

another person. At trial, [] Gboko testified on his own behalf and 

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1 See 18 Pa.C.S.A. §§ 2705, 907.
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a stipulation was introduced into the record acknowledging [that]

Gboko is a law abiding and peaceful person.

Trial Court Opinion, 6/29/20, at 1 (unnumbered) (citations to record and some 

capitalization omitted).2

Following a bench trial, Gboko was convicted of recklessly endangering 

another person and possession of an instrument of crime, and found not guilty 

of the remaining offenses. On January 30, 2020, the trial court sentenced 

Gboko to concurrent terms of 18 months of probation. The trial court also 

ordered Gboko to receive anger management counseling and mental health 

treatment.3 Gboko filed a timely Notice of Appeal and a court-ordered 

Pa.R.A.P. 1925(b) Concise Statement of errors complained of on appeal.

Gboko now raises the following issues for our review:

1. Did the [trial] court err when it did not permit the defense to 

present testimony from good character witnesses, and instead 

admitted a prosecutor’s objected[-]to stipulation?

2. Did [Gboko] have a right to present evidence of his good 

character for truthfulness?

Brief for Appellant at 2.

____________________________________________

2 On May 15, 2019, Gboko filed an Omnibus Motion, seeking suppression of 

physical evidence, and various discovery orders. From the record, it is unclear 

whether the Omnibus Motion was ever litigated or resolved.

3 Prior to sentencing, Gboko filed a Motion for Extraordinary Relief, challenging 

the sufficiency and the weight of the evidence. The trial court entered an 

Order denying the Motion on the same date that it imposed its sentence.
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We will address Gboko’s claims together. In his first claim, Gboko 

argues that the trial court erred by admitting the Commonwealth’s suggested 

stipulation, despite objections raised by defense counsel. Id. at 9. Gboko 

acknowledges that a trial court has discretion in determining whether to admit 

evidence, but states that this discretion is not absolute. Id. Gboko contends 

that, essentially, he was forced to abide by a stipulation to which he did not 

agree, and a one-party stipulation should not be permitted. See id. at 9-13. 

Further, Gboko asserts that the trial court improperly addressed his challenge 

as an argument that the court had erred by barring additional character 

witnesses, when in fact, Gboko was not able to present any character 

witnesses. Id. at 13. 

In his second claim, Gboko contends that the trial court erred by 

excluding evidence concerning Gboko’s character for truthfulness. Id. at 14. 

Gboko claims that the trial court improperly interpreted Pa.R.E. 608 to permit 

evidence of a defendant’s character for truthfulness only after the 

Commonwealth attacks his reputation for truthfulness. Id. According to 

Gboko, “[h]is credibility was critical,” because he and the Complainant 

“presented a dramatically different version of events[.]” Id. at 18. 

The admission of evidence is committed to the sound 

discretion of the trial court, and a trial court’s ruling regarding the 

admission of evidence will not be disturbed on appeal unless that 

ruling reflects manifest unreasonableness, or partiality, prejudice, 

bias, or ill-will, or such lack of support to be clearly erroneous.
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Commonwealth v. Minich, 4 A.3d 1063, 1068 (Pa. 2010) (citation and 

quotation marks omitted).

“A stipulation is a declaration that the fact agreed upon is proven, and 

a valid stipulation must be enforced according to its terms.” Commonwealth 

v. Mitchell, 902 A.2d 430, 460 (Pa. 2006) (citation, quotation marks and 

brackets omitted).

Generally, “[e]vidence of a person’s character or character trait is not 

admissible to prove that on a particular occasion the person acted in 

accordance with the character or trait.” Pa.R.E. 404(a)(1). However, in a 

criminal case, “a defendant may offer evidence of the defendant’s pertinent 

trait, and if the evidence is admitted, the prosecutor may offer evidence to 

rebut it[.]” Pa.R.E. 404(a)(2)(A). “When evidence of a person’s character or 

character trait is admissible, it may be proved by testimony about the person’s 

reputation. Testimony about the witness’s opinion as to the character or 

character trait of the person is not admissible.” Pa.R.E. 405(a); see also 

Commonwealth v. Kouma, 53 A.3d 760, 769 (Pa. Super. 2012) (stating 

that a defendant may “introduce evidence of his or her reputation among 

associates or within a particular community.” (citation and quotation marks 

omitted)).

Regarding a witness’s character for truthfulness, Rule 608 provides as 

follows:

(a) Reputation Evidence. A witness’s credibility may be 

attacked or supported by testimony about the witness’s reputation 
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for having a character for truthfulness or untruthfulness. But 

evidence of truthful character is admissible only after the 

witness’s character for truthfulness has been attacked. 

Opinion testimony about the witness’s character for truthfulness 

or untruthfulness is not admissible.

(b) Specific Instances of Conduct. Except as provided in Rule 

609 (relating to evidence of conviction of crime),

(1) the character of a witness for truthfulness may not be 

attacked or supported by cross-examination or extrinsic 

evidence concerning specific instances of the witness’[s] 

conduct; however,

(2) in the discretion of the court, the credibility of a witness 

who testifies as to the reputation of another witness for 

truthfulness or untruthfulness may be attacked by crossexamination concerning specific instances of conduct (not 

included arrests) of the other witness, if they are probative 

of truthfulness or untruthfulness; but extrinsic evidence 

thereof is not admissible.

Pa.R.E. 608 (emphasis added).

Further, this Court has addressed the relationship between Rules 404 

and 608 as follows:

Rule 608(a) permits a testifying defendant to call witnesses to 

testify as to his or her truthful character whenever the 

Commonwealth attacks his or her general reputation for 

truthfulness during trial. Conversely, Rule 404[(a)(2)(A)] permits 

a defendant (testifying or non-testifying) to call witnesses to 

testify as to his or her truthful character when the defendant’s 

reputation for truthfulness is pertinent to the underlying criminal 

offense, e.g., perjury.

Commonwealth v. Kennedy, 151 A.3d 1117, 1128 (Pa. Super. 2016).

The following exchange occurred during Gboko’s bench trial:

[Defense Counsel]: I would not rest. I actually have several 

people here on behalf of [] Gboko. I understand, Your Honor, for 
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the sake of brevity, I would just ask that three people of the -- we 

have eight people here today -- testify about [] Gboko’s character.

[Assistant District Attorney (“ADA”)]: I said I would stipulate.

[The Court]: I thought you had a stipulation as to his character.

[Defense Counsel]: And I understand we don’t want to stipulate 

-- I mean, we don’t want everyone to testify, but I think it is 

important that Your Honor see the people who know [] Gboko, 

and that they testify live and directly and tell Your Honor exactly 

who [] Gboko is.

[The Court]: Okay. I think the stipulation is appropriate. You 

can swear in all the people. You can have them all introduce 

themselves, what their relationship is to [] Gboko, and how long 

they have known him.

[Defense Counsel]: I understand.

[The Court]: So we can do that. So I’ll be clear as who [sic] they 

are and what their relationship is and how long he’s known them. 

There’s a stipulation as to character, but we want to have an 

introduction as to every one of them that is in the room today.

N.T., 8/20/19, at 88-89. All of Gboko’s character witnesses were then sworn 

in, and each witness explained to the court the nature of his or her relationship 

to Gboko, and how long he or she had known Gboko. See id. at 89-93. 

Subsequently, the following exchange occurred:

[Defense Counsel]: Your Honor, there’s been an [sic] 

stipulation by and between counsel that if everyone who’s 

here for [] Gboko would have testified[,] that they know his 

reputation in the community. They know his reputation as that of 

-- as one of those -- I’m sorry, as peaceful, as truthful, and as 

law abiding.

[ADA]: There’s no stipulation to truthfulness.

[Defense Counsel]: Okay. Well, then what are we doing here? I 

can call everybody here and ask them if he’s truthful.
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The Court: Peaceful and law abiding.

[Defense Counsel]: Your Honor, we’re entitled to those 

stipulations.

[ADA]: I don’t think you are.

[Defense Counsel]: Yes, we are.

The Court: All right. Some of this you all needed to work out 

ahead of time because at this point we’re like at a protracted 

hearing. You know what I’m saying? Because we’ve been doing 

this for a[ ]while. This is the only trial we’ve done, and we’ve 

been doing it for a[ ]while. You know, I’m going to take a break, 

and so is the steno[grapher]. I’m going to be back out in five 

minutes. You need to figure this out.

(Recess.)

(Off the record.)

Court Crier: Court’s back in session.

The Court: All right. You guys still don’t have a stip -- that is my 

understanding, and this is where I am with this. His testimony for 

law -- his reputation for law abiding and peacefulness is 

something that you can stipulate. That truthfulness does 

not have to be part of it unless his truthfulness was 

specifically attacked, then truthfulness testimony -- that’s when 

truthfulness testimony could be brought in. Now, and the fact 

that obviously there’s two different versions of the story, does not 

mean specifically that his reputation for truthfulness was attacked. 

So, we can have a stipulation for peaceful and law abiding. As far 

as truthfulness, nobody can really testify to truthfulness. So, 

that’s where I am with having read the rule and looked at some 

cases really quickly. So that’s where we are. 

So, at this point, as far as I see things, I feel that for the truthful-

-for the peaceful and law abiding, there’s a stipulation as 

related to that. I got testimony as related to each person and 

how long they have known [] Gboko. And then, as far as I’m 

concerned, I feel like that’s where we -- I would assume at this 

point defense can rest, and then we need to do brief closings.
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[Defense Counsel]: Yes, Your Honor. So, I would at this point --

I understand Your Honor’s ruling. I would just object for the 

record. ...

Id. at 93-94 (emphasis added; some paragraph breaks omitted).

The trial court stated in its Opinion that the parties stipulated that Gboko 

is a peaceful and law-abiding person. Trial Court Opinion, 6/29/20, at 1 

(unnumbered). Our review of the record confirms that, initially, defense 

counsel intended for at least three of Gboko’s character witnesses to testify at 

trial. See N.T., 8/20/19, at 88. However, following subsequent discussion, 

defense counsel agreed to stipulate that each of Gboko’s character witnesses 

would testify that Gboko is a peaceful and law-abiding person. See N.T.,

8/20/19, at 93 (wherein defense counsel stated, “there’s been an [sic] 

stipulation by and between counsel....”). Additionally, the trial court had the 

opportunity to speak with each of Gboko’s character witnesses, and to learn 

the nature of each witness’s relationship to Gboko. See id. at 89-93. Defense 

counsel objected only after the Commonwealth stated it would not agree to 

stipulate to Gboko’s truthfulness, and the trial court agreed that such 

stipulation would not be appropriate. See id. at 96. Thus, Gboko’s claim that 

the trial court prevented him from presenting character witnesses is belied by 

the record.

Moreover, truthfulness is not relevant to the offenses of recklessly 

endangering another person or possession of an instrument of crime. 

Additionally, Gboko testified on his own behalf at trial, and the Commonwealth 
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did not attack Gboko’s general reputation for truthfulness.4 See Kennedy, 

supra; see also id. (stating that “when truthfulness is not relevant to the 

underlying criminal offense, a defendant may only call witnesses to testify as 

to his or her truthfulness when (a) he or she chooses to testify on his or her 

own behalf, and (b) the Commonwealth attacks the defendant’s truthfulness 

through either cross-examination or by other witness’ testimony.” (emphasis 

added)). Accordingly, Gboko was not entitled to a stipulation regarding his 

character for truthfulness, nor was he entitled to introduce such evidence 

under either Rule 404 or Rule 608. 

Based upon the foregoing, we affirm Gboko’s judgment of sentence.

Judgment of sentence affirmed.

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4

In fact, Gboko makes no attempt to argue that the Commonwealth attacked 

his general character for truthfulness. Instead, Gboko argues only that his 

credibility was critical to the issue. “[W]here the prosecution has merely 

introduced evidence denying or contradicting the facts to which the defendant 

testified, but has not assailed the defendant’s community reputation for 

truthfulness generally, evidence of the defendant’s alleged reputation for 

truthfulness is not admissible.” Kennedy, 151 A.3d at 1128 (citation and 

quotation marks omitted); see also id. (concluding that the defendant was 

not entitled to introduce evidence of truthfulness in light of testimony by two 

witnesses who contradicted the defendant’s testimony).
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 12/10/2020