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NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37

IN THE MATTER OF: J.W.D., 

A JUVENILE

:

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

:

APPEAL OF: J.W.D., A JUVENILE :

No. 1399 EDA 2014

Appeal from the Dispositional Order, April 9, 2014,

in the Court of Common Pleas of Montgomery County

Juvenile Division at No. 2014-164

BEFORE: FORD ELLIOTT, P.J.E., OTT AND MUSMANNO, JJ. 

MEMORANDUM BY FORD ELLIOTT, P.J.E.: FILED MARCH 03, 2016

J.W.D.1appeals from the juvenile dispositional order entered April 9, 

2014, adjudicating him as a delinquent, placing him on probation, and 

releasing him to the custody of his mother, after he was adjudged 

delinquent by the trial court for carrying a concealed firearm without a 

license2and possessing a firearm while underage.3 We affirm.4

 

1 We have changed the name to initials in the caption and throughout this 

memorandum to preserve the minor’s privacy. See in the Interest 

of R.C., 628 A.2d 893, 894 (Pa.Super. 1993).

2 18 Pa.C.S.A. § 6106(a)(1).

3 18 Pa.C.S.A. § 6110.1

4 Although we note that the trial court devotes the majority of its opinion 

expressing its displeasure with the 2007 amendments to Pa.R.A.P. 1925, we 

need not address that issue here.
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The record reflects that at approximately 9:13 p.m. on March 11, 

2014, Officer Michael Breslin responded to a 911 call concerning a small 

group of males with a gun. (Notes of testimony, 3/21/14 at 5-6.) After 

arriving at the location, Officer Breslin encountered three boys, including 

J.W.D. (Id. at 7-8.) The officer testified that as he spoke with one of the 

boys, he saw J.W.D. -- who was 10 to 15 feet away -- take a couple of steps 

back behind a red S.U.V. and duck down behind the engine block, at which 

time the officer heard a noise that he described as “a thud,” “something 

heavy, possibly metal, striking the car door, a metal door” and then he 

heard “something metal slide against the pavement.” (Id. at 9-11.) 

Officer Breslin further testified that after J.W.D. returned from behind the 

S.U.V. and joined the officer and the two other boys, only J.W.D. appeared 

nervous. (Id.) After backup arrived, Officer Breslin testified that he looked 

under the red S.U.V. and saw a black 57 revolver on the ground only a 

couple of feet from where J.W.D. was crouched down. (Id. at 11-12, 

29-30.) The officer further testified that no one else was in the vicinity at 

the time and that there was nothing else on the ground other than the gun. 

(Id. at 11-12.)

On appeal, appellant raises the following issue:

Whether the evidence was insufficient as a 

matter of law with regard to the charges of 

18 Pa.C.S. §6106(a) (relating to carrying firearms 

without a license) and 6110.1 (relating to possession 

of firearm by minor) in that they are not supported 

by legally sufficient evidence of record.
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Appellant’s brief at 8.

Our standard of review for a challenge to the 

sufficiency of the evidence is well settled. We must 

view all the evidence in the light most favorable to 

the verdict winner, giving that party the benefit of all 

reasonable inferences to be drawn therefrom. 

Additionally, it is not the role of an appellate court to 

weigh the evidence or to substitute our judgment for 

that of the fact-finder.

Commonwealth v. Alford, 880 A.2d 666, 669-670 (Pa.Super. 2005), 

appeal denied, 890 A.2d 1055 (Pa. 2005), quoting Commonwealth v. 

Gruff, 822 A.2d 773, 775 (Pa.Super. 2003), appeal denied, 863 A.2d 1143 

(Pa. 2004) (citations omitted).

The Crimes Code defines carrying a firearm without a license as 

follows:

(a) Offense defined.

(1) Except as provided in paragraph (2) 

[relating to those otherwise eligible to 

carry a firearm], any person who carries 

a firearm in any vehicle or any person 

who carries a firearm concealed on or 

about his person, except in his place of 

abode or fixed place of business, without 

a valid and lawfully issued license under 

this chapter commits a felony of the third 

degree.

18 Pa.C.S.A. § 6106(a)(1).

The Crimes Code defines possessing a firearm while underage as 

follows: “Except as provided in subsection (b) [relating to parental 

supervision and consent and lawful hunting or trapping], a person under 
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18 years of age shall not possess or transport a firearm anywhere in this 

Commonwealth.” 18 Pa.C.S.A. § 6110.1.

Here, the record demonstrates that the evidence admitted at the 

adjudication proceeding, as well as all reasonable inferences drawn 

therefrom, viewed in the light most favorable to the Commonwealth as 

verdict winner, was sufficient to support all elements of the offenses of 

carrying a firearm without a license and possessing a firearm while 

underage. The trial court believed Officer Breslin’s testimony and found 

appellant incredible. (Notes of testimony, 3/21/14 at 60-63.) As 

fact-finder, the trial court was free to do so. We, therefore, decline 

appellant’s invitation to substitute our judgment for that of the trial court, as 

that is not our role.

Juvenile dispositional order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/3/2016