J-S40014-23

2024 PA Super 59

COMMONWEALTH OF PENNSYLVANIA

v.

DARREN LAWRENCE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 2486 EDA 2022

Appeal from the Judgment of Sentence Entered August 9, 2022

In the Court of Common Pleas of Chester County Criminal Division at 

No(s): CP-15-CR0000869-2020

BEFORE: NICHOLS, J., SULLIVAN, J., and COLINS, J.*

OPINION BY NICHOLS, J.: FILED MARCH 27, 2024

Appellant Darren Lawrence appeals from the judgment of sentence 

imposed following his conviction of one count of rape of a child, ten counts of 

involuntary deviate sexual intercourse (IDSI) with a child, five counts of 

aggravated indecent assault of a child, and one count each of indecent assault 

of a person less than thirteen years of age, endangering the welfare of children 

(EWOC), and sexual abuse of children-photographing, videotaping, depicting 

on computer or filming sexual acts.1 On appeal, Appellant raises multiple

claims concerning the hearing on the Commonwealth’s motion in limine, the

sufficiency of the evidence, his designation as a sexually violent predator 

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

1 18 Pa.C.S. §§ 3121(c), 3123(b), 3125(b), 3126(a)(7), 4304(a)(1), and 

6312(b), respectively.
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(SVP), the trial court’s evidentiary rulings, and the discretionary aspects of his 

sentence. After careful review, we affirm.

The trial court set forth the following factual and procedural history:

On February 21, 2020, Detective James Ciliberto of the Chester 

County Detectives Office received a report of suspected child 

abuse, otherwise referred to as a “CY104 report” or “Childline,” 

involving [A.R.] and [] Appellant. Detective Ciliberto contacted 

[A.R.] immediately and arranged for an interview on the same 

day. During the interview, [A.R.] advised Detective Ciliberto that 

Appellant sexually abused her from the age of nine (9) to 

approximately twelve (12) years old. She informed Detective 

Ciliberto she previously reported abuse when she was about 

eighteen (18) or nineteen (19) years old and why she did not 

move forward at the time. Detective Ciliberto later confirmed 

[A.R.’s] statement of making a previous report as she had been 

interviewed by retired [Pennsylvania] State Trooper Todd Hershey 

when she was fourteen (14) years old.

[Trooper Hershey] testified at trial regarding his investigation 

following a 2014 Childline report filed by [] Caryn Malatesta. Ms. 

Malatesta, a mental health professional in the Avon Grove school 

system, testified at trial she met [A.R.] on the recommendation of 

a teacher due to “whatever transpired in that conversation. [A.R.] 

revealed to Ms. Malatesta she had been sexually abused for 

several years. Although [A.R.] willingly disclosed, for the first 

time the past abuses she suffered, [A.R.] did not provide Ms. 

Malatesta her abuser’s full name.

After receiving a report of suspected sexual abuse, Trooper 

Hershey contacted [J.R., A.R.’s] mother, and set up a time to 

conduct an interview of [A.R.] at the Pennsylvania State Police 

Barracks in Avondale, PA (Troop J). As a highly trained and 

experienced interviewer of child victims of abuse, Trooper Hershey 

found [A.R.] to be hesitant, impatient, anxious, and frustrated 

during their interview. Upon conclusion of [A.R.’s] interview, 

Trooper Hershey spoke with [J.R.] and [A.R.] regarding the next 

steps in the investigation, namely the need for a more detailed 

forensic interview. However, [A.R.] failed to continue cooperating 

with the investigation and Trooper Hershey closed the 

investigation for reporting purposes.
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At twenty-two (22) years old, [A.R.] finally disclosed the 

prolonged abuses she previously attempted to disclose were 

perpetrated by Appellant. [A.R.] indicated she chose to come 

forward due to her mother, [J.R.], having a conversation with 

Appellant’s adopted daughter, [D.L. J.R.] inquired of [D.L.] of 

possible abuse against her as well as disclosing alleged abuses 

against [A.R.] At her interview, [A.R.] stated she performed oral 

sex on [] Appellant approximately fifty (50) times during the three 

(3) year period of abuse. Appellant performed oral sex on her 

“pretty often.” Appellant photographed her nude. Appellant 

digitally penetrated her vagina and anus. Appellant attempted to 

insert his penis into her vagina. [A.R.] specifically indicated 

Appellant performed these acts at her mother’s home, Appellant’s 

home, Appellant’s neighbor’s home, and other various locations 

within Chester County, Pennsylvania.

During the interview, at Detective Ciliberto’s direction, [A.R.] 

provided her phone and consented to a digital download of its 

contents. Detective Ciliberto then received approval for a 

“consensual intercept” to be performed that night between [A.R.] 

and Appellant. The “intercept” was executed that evening 

between [A.R.] and Appellant to confirm or learn additional 

information.

Although Appellant did not provide any meaningful information 

and was unwilling to continue the conversation over the phone, 

Appellant later agreed to an in-person meeting which occurred on 

February 28, 2020. [A.R.] agreed to and did wear a “wire” to 

record the conversation between herself and Appellant which 

occurred on February 28, 2020. During the conversation, 

Appellant made several incriminating statements ultimately 

leading to his arrest and subsequent prosecution.

* * *

On September 22, 2021, after three days of trial, the jury found 

Appellant [] guilty of nineteen (19) offenses stemming from 

sexual abuse which occurred between 2008 and 2012 when [A.R.] 

was between nine (9) and twelve (12) years of age. During the 

trial, the Commonwealth established the incidents occurred in 

multiple locations in Chester County, Pennsylvania, including 

Appellant’s home, [A.R.’s] home, and Appellant’s vehicle, over the 

course of approximately three (3) plus years.

On October 7, 2021, after being found guilty, the trial court 

entered an order directing the State Sexual Offender Assessment 
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Board (“SOAB”) to perform an assessment of Appellant to 

determine if he meets the criteria to be statutorily classified as a 

[SVP]. On November 30, 2021, the trial court entered an order 

for a pre-sentence investigation. The Commonwealth filed a 

memorandum in support of sentencing on July 27, 2022 and 

Appellant filed a memorandum in support of motion for judgment 

of acquittal on August 2, 2022.

A [SVP] assessment hearing was held on August 3, 2022 and 

sentencing followed. During the SVP hearing, Dr. Bruce Mapes 

testified on behalf of the Commonwealth as an expert in the field 

of sexual offender assessment and treatment and Dr. Christopher 

Lorah testified on behalf of Appellant as an expert in the field of 

forensic psychology. After hearing both experts and argument of 

counsel, the trial court declared Appellant [to be a] SVP and 

proceeded to sentencing. During sentencing, Appellant presented 

the following character witnesses: Anna Guy (Appellant’s 

significant other) and [D.L.] (Appellant’s adopted daughter). 

Appellant also presented a mitigation package for the [trial 

court’s] consideration. The Commonwealth presented the 

following character witnesses: [J.R. (A.R.’s] mother), [L.M. 

(A.R.’s] foster mother), and A.R. (victim).

Appellant was re-sentenced on August 9, 2022 due to an error on 

the sentencing sheet. [The trial court sentenced Appellant to an 

aggregate term of forty-two to eighty-six years’ incarceration.] 

Appellant filed a post-sentence motion to reconsider on August 

12, 2022 and the trial court denied his motion on September 12, 

2022. On September 30, 2022, Appellant filed the present appeal 

and was ordered to file a statement of errors complained of on

appeal on October 4, 2022 and he filed his statement of errors on 

October 25, 2022.

Trial Ct. Op., 12/30/22, at 3-7 (some formatting altered, quotation marks, 

footnotes, and citations omitted). The trial court subsequently filed an opinion 

addressing Appellant’s claims.

Appellant raises the following issues for our review:

1. Whether [Appellant] was deprived of his right to be present at 

a critical stage of trial, in violation of the Fifth, Sixth, and 

Fourteenth Amendments of the United States Constitution and 
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Article I Section 6 of the Pennsylvania Constitution, for a 

hearing on the Commonwealth’s motion in limine to admit 

other acts evidence?

2. Whether the [trial court] erred in granting the Commonwealth’s 

motion in limine to admit [Appellant’s] prior convictions for tax 

fraud from 2001?

3. Whether the [trial court] erred in granting the Commonwealth’s 

motion in limine to admit other[] acts evidence of a sexual 

encounter between [Appellant] and the victim that occurred at 

Six Flags Great Adventure?

4. Whether the trial court erred in failing to provide the jury with 

an immediate and complete limiting instruction as to the 

purpose of the evidence of the prior sexual encounter at Six 

Flags Great Adventure, and the limiting instruction provided in 

the jury charge was defective?

5. Whether the evidence was insufficient to sustain [Appellant’s] 

convictions for ten counts of IDSI where there was only 

testimony to support, at most, five to seven counts?

6. Whether the [trial court] erred in declaring [Appellant] a[] SVP 

with no factual basis to make that determination when 

[Appellant] had over ten years of non-detection, and there was 

only evidence of his abuse against a single victim?

7. Whether the [trial court] erred in overruling [] Appellant’s 

objections to the Commonwealth’s line of hypothetical 

questioning of Dr. Lorah after the Commonwealth conceived of 

hypotheticals and then attributed them to another expert 

without any basis?

8. Whether the [trial court’s] sentence was an exercise of 

discretion for reasons of partiality, prejudice, bias, or ill-will[?] 

The [trial court] remarked at sentencing that there should be 

no volume discounts for such crimes evidencing a bias against 

and ill-will toward Appellant?

9. Whether the [trial court’s] sentence double counted the 

aggravating factors included in the sentencing guidelines to 

impose a sentence that was an upward departure from the 

aggravated range?

10. Whether [the trial court] imposed a de facto life sentence 

on [Appellant] and did not adequately account for [Appellant’s] 
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mitigating factors and his advanced age at the time of 

sentencing[?]

Appellant’s Brief at 4-5.

Motion in Limine

In his first issue, Appellant contends that the trial court erred when it 

held a hearing on the Commonwealth’s motion in limine outside of Appellant’s 

presence. Appellant’s Brief at 8. Appellant argues that the motions hearing 

was a critical stage of the criminal proceedings and that therefore, the trial 

court’s decision to conduct the hearing in Appellant’s absence constitutes 

reversible error. Id. at 9. 

The Commonwealth responds that Appellant waived this issue by failing 

to preserve it for appellate review. Commonwealth’s Brief at 11-12.

The Pennsylvania Rules of Appellate Procedure mandate that “[i]ssues 

not raised before the trial court are waived and cannot be raised for the first 

time on appeal.” Pa.R.A.P. 302(a); see also Commonwealth v. Wallace, 

289 A.3d 894, 908 (Pa. 2023). 

In the instant case, the record reflects that on September 20, 2021, the 

trial court held a hearing to address the Commonwealth’s motion in limine to 

admit evidence of Appellant’s 2001 conviction for tax fraud. At the beginning 

of the hearing, the trial court noted Appellant’s absence. N.T. Hr’g, 9/20/21,

at 3. Appellant’s attorney requested a brief recess so that he could attempt 

to reach Appellant by telephone. Id. The trial court denied the request and 

stated: “Let’s start with the motions in limine and then we can go from there.” 
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Id. Appellant’s attorney responded: “We can do that, that’s fine. Certainly.” 

Id. see also Appellant’s Brief at 8. Throughout the remainder of the hearing, 

Appellant’s attorney did not raise an objection to conducting the hearing in 

Appellant’s absence. N.T. Hr’g, 9/20/21, at 3-15. Based on this record, we 

conclude that Appellant failed to object and raise this issue before the trial 

court; therefore, he has waived this issue on appeal. See Pa.R.A.P. 302(a); 

Wallace, 289 A.3d at 908.

Appellant’s Prior Tax Fraud Conviction

In his second issue, Appellant contends that the trial court erred when 

it permitted the Commonwealth to impeach his credibility with evidence of his 

convictions for tax fraud from 2001. Appellant’s Brief at 11. Specifically, 

Appellant argues that the trial court failed to adequately consider alternative 

measures “to admit [] Appellant’s prior employment into evidence” without 

his “prejudicial” retirement from the Pennsylvania State Police, thereby 

abusing its discretion. Id. at 15.

It is well settled that our standard of review of a trial court’s evidentiary 

rulings is abuse of discretion. Commonwealth v. DiStefano, 265 A.3d 290, 

297 (Pa. 2021). This Court has defined abuse of discretion as “not merely an 

error of judgment, but [] rather the overriding or misapplication of the law or 

the exercise of judgment that is manifestly unreasonable, or the result of bias, 

prejudice, ill-will or partiality, as shown by the evidence of record.” 

Commonwealth v. Santos, 176 A.3d 877, 882 (Pa. Super. 2017).
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The Pennsylvania Rules of Evidence permit the admission of evidence of 

a conviction of a crime involving dishonesty or false statement, commonly 

referred to as crimen falsi offenses, for the sole purpose of attacking the 

credibility of a witness. Pa.R.E. 609(a); see also Commonwealth v. 

Washington, 269 A.3d 1255, 1264 (Pa. Super. 2022) (en banc). Generally, 

Rule 609 limits such evidence to convictions that occurred within the previous 

ten years prior to the witness’s testimony. Pa.R.E. 609(b). Rule 609, 

however, permits evidence of a conviction of a crimen falsi offense outside of 

the ten-year lookback period if the probative value of the evidence 

“substantially outweighs its prejudicial effects” and “the proponent gives an 

adverse party reasonable written notice of the intent to use it so that the party 

has a fair opportunity to contest its use.” Pa.R.E. 609(b)(1)-(2).

This Court set forth the following factors that a trial court must consider 

when determining whether to admit evidence of a conviction from outside the 

ten-year lookback period:

1) the degree to which the commission of the prior offense 

reflects upon the veracity of the defendant-witness; 2) the 

likelihood, in view of the nature and extent of the prior record, 

that it would have a greater tendency to smear the character 

of the defendant and suggest a propensity to commit the crime 

for which he stands charged, rather than provide a legitimate 

reason for discrediting him as an untruthful person; 3) the age 

and circumstances of the defendant; 4) the strength of the 

prosecution's case and the prosecution’s need to resort to this 

evidence as compared with the availability to the defense of 

other witnesses through which its version of the events 

surrounding the incident can be presented; and 5) the 

existence of alternative means of attacking the defendant's 

credibility.
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Commonwealth v. Palo, 24 A.3d 1050, 1056 (Pa. Super. 2011) (citing 

Commonwealth v. Randall, 528 A.2d 1326, 1328 (Pa. 1987) (citation 

omitted)).

The trial court reached the following conclusion:

[The trial] court found the probative value substantially 

outweighed its prejudicial effect. Further, Appellant received 

adequate notice of the Commonwealth’s intent to use the prior 

convictions as evidence. [The trial] court found, if Appellant chose 

to testify during trial, the prior convictions and Appellant’s 

subsequent termination from the state police would be relevant 

and admissible rebuttal evidence. Initially, the trial court intended 

to exclude the prior conviction, however, upon hearing the facts, 

agreed that it was part of the Commonwealth’s case theory and 

inevitable. Further, allowing the prior offense evidence to be 

offered in the event Appellant testified enabled the jury to fully 

consider the facts and circumstances surrounding Appellant’s 

termination. Without this evidence, the Commonwealth 

undoubtedly would have been prejudiced.

Although the exact factors were not placed on the record, it is 

clear the factors set forth in Rule 609 and Randall were satisfied. 

First, Appellant’s prior crimes, tax fraud and conspiracy to commit 

tax fraud, directly reflect upon Appellant’s honesty and veracity 

as a potential witness. Second, the prior crimes do not tend to 

show that Appellant had a propensity to commit the crimes for 

which he was charged. To the contrary, Appellant’s prior 

convictions were non-violent crimes with no identifiable victim, 

whereas here, Appellant’s crimes directly relate to the sexual 

abuse of a single, minor victim [for whom he was entrusted to 

care]. Furthermore, Appellant committed these offenses after 

previously serving as a state trooper tasked with upholding the 

law. Allowing the Commonwealth to offer Appellant’s prior 

conviction as rebuttal evidence necessarily provided the jury a 

complete perspective.

Third, Appellant was an adult when he committed the prior tax 

and fraud offenses and the instant sexual offenses he now 

appeals. Moreover, as stated above, Appellant was a state trooper 

charged with upholding the law when he committed his prior 

offenses and when he initially met the minor victim. The fourth 
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and fifth factors can be assessed together. In the case at hand, 

the Commonwealth’s need to resort to this evidence and the lack 

of alternative means of attacking [] Appellant’s character clearly 

weigh in favor of admitting the prior offenses in rebuttal, if 

Appellant testified. As argued by the Commonwealth, the 

credibility of the victim and Appellant, if he chose to testify, were 

the crux of the case.

Trial Ct. Op. at 12-13 (citations and footnote omitted).

Based on our review of the record, we discern no abuse of discretion by

the trial court. See DiStefano, 265 A.3d at 297. The record reflects that the 

trial court was initially inclined to exclude evidence of Appellant’s tax fraud 

conviction, but warned the parties that if Appellant referenced the fact that he 

was a former Pennsylvania State Police trooper, then evidence of his tax fraud 

convictions would be admissible. N.T. Hr’g, 9/20/21, at 9. Even though an 

on-the-record analysis of the Randall factors did not take place, we cannot 

conclude that the trial court committed reversible error, as the probative value 

of the evidence of Appellant’s prior convictions outweighed the prejudicial 

effect. See Pa.R.E. 609(b)(1). As noted by the trial court, Appellant’s prior 

criminal history “directly reflect[s] upon [his] honesty and veracity as a 

potential witness.” Trial Ct. Op. at 12. The trial court further concluded that 

Appellant’s prior convictions—all of which related to tax fraud—would not 

suggest that “Appellant had a propensity to commit the crimes for which he 

was charged.” Id. The trial court also noted Appellant’s status as a former 

Pennsylvania State Police trooper “charged with upholding the law when he 

committed his prior offenses and when he met [A.R.]” Id. at 13. For the 

reasons set forth by the trial court in its Rule 1925(a) opinion, we find that 
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Appellant is not entitled to relief on this issue. See Randall, 528 A.2d at 

1328; Palo, 24 A.3d at 1056.

Prior Bad Acts Evidence

Next, Appellant alleges that the trial court erred when it permitted the 

Commonwealth to introduce evidence of a sexual encounter between 

Appellant and A.R. which occurred at Six Flags Great Adventure (Six Flags) in 

the State of New Jersey. Appellant’s Brief at 15. Appellant argues that 

admission of this evidence would only serve to “enrage the jury further and 

serve to bias them against [Appellant] when they learned of another, 

uncharged action.” Id. at 16. Further, Appellant contends that introduction 

of this evidence was confusing to the jury and that the prejudicial value of the 

evidence outweighed any probative value. Id. 

The Commonwealth responds that Appellant’s attorney agreed to the 

admission of the evidence at trial; therefore, this issue is waived on appeal. 

Commonwealth’s Brief at 38.

Our review of the record confirms that Appellant’s attorney agreed to 

the admissibility of the evidence at issue. Specifically, the record reflects the 

following:

[Appellant’s counsel]: Judge, in light -- and I apologize. [The 

assistant district attorney] and I had multiple conversations, and 

e-mails, and text[s], all kinds of communication over the past 

couple of weeks. I don’t recall, and forgive me if we talked about 

it and I forgot, the limiting instruction being referenced, and if it 

was, I apologize, but if there is a limiting instruction, Judge, I 

would agree. So, I think for continuity sake for, frankly, both 

sides, excising that audio recording will make things, I think, more 

confusing for the jury. So, I think if [the assistant district 
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attorney] and I will commit to agreeing on a limiting instruction, I 

would not have an objection to number three[2] with that 

provision, Judge. An[d] again, [], I’m sorry if we talked about 

that or referenced that.

[The Commonwealth]: I don’t know that I previously referenced

a limiting instruction, but I would agree that it is appropriate under 

the circumstances.

The Court: All right. Very good. That agreement is accepted.

[Appellant’s counsel]: We’ll work on that before the end, 

certainly. Thank you.

N.T. Trial, 9/20/21, at 13.

As noted above, to preserve an issue for appellate review, an appellant 

must first raise the issue before the trial court. See Pa.R.A.P. 302(a). Here, 

because Appellant’s attorney agreed to the admission of evidence concerning 

a sexual encounter between Appellant and A.R. at Six Flags, he cannot 

challenge that ruling on appeal. See Wallace, 289 A.3d at 908 (reiterating 

that issues must be preserved before the trial court and generally cannot be 

raised for the first time on appeal). Accordingly, this issue is waived on 

appeal.

Jury Instructions

In his next issue, Appellant raises a challenge to the trial court’s jury 

instructions regarding the evidence of an alleged sexual encounter at Six 

Flags. Specifically, Appellant states that the trial court did not provide a jury 

____________________________________________

2 “Number 3” refers to a Commonwealth motion in limine in which the 

Commonwealth sought to introduce evidence that one of the incidents of 

alleged abuse occurred at [Six Flags]” in the State of New Jersey. 

Commonwealth’s Motions in Limine, 9/17/21.
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instruction regarding this evidence at the time of the testimony; rather, the 

trial court provided the jury with a limiting instruction as part of the final 

charge to the jury. Appellant’s Brief at 17. Appellant baldly claims that the 

trial court erred when it failed “to provide the jury with an immediate and 

complete limiting instruction as to the purpose of the evidence of [a] prior 

sexual encounter at Six Flags [], and the limiting instruction provided in the 

jury charge was defective.” Id.

Our review of the record confirms that Appellant did not object to the 

lack of a limiting instruction at the time the Commonwealth introduced the 

evidence concerning the prior sexual encounter between Appellant and A.R. 

at Six Flags. See N.T. Trial, 9/21/21, at 20, 40, 42. We do note, however, 

that a limiting instruction was discussed by the trial court and both parties 

during a discussion regarding evidence of prior bad acts. See id. at 13. 

Further, the record reflects that Appellant did not raise an objection to the 

trial court’s final charge to the jury. See N.T. Trial, 9/22/22, at 210-11. 

Accordingly, because Appellant failed to first raise the issue before the trial 

court, it is waived. See Pa.R.A.P. 302(a); Wallace, 289 A.3d at 908.3

____________________________________________

3 Even if Appellant had adequately preserved this issue before the trial court 

and not raised it for the first time on appeal, this issue is nonetheless waived 

on appeal. It is well settled that “[t]his Court will not act as counsel and will 

not develop arguments on behalf of an appellant.” Commonwealth v. 

Westlake, 295 A.3d 1281, 1286 n.8 (Pa. Super. 2023). In his brief, Appellant 

alleges that the trial court’s instruction to the jury regarding the evidence of 

a sexual encounter between Appellant and A.R. at Six Flags was defective, but 

at no point does Appellant elaborate as to how or why the instruction was 

(Footnote Continued Next Page)
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Sufficiency of the Evidence

Appellant raises a challenge to the sufficiency of the evidence as it 

pertains to several of his convictions for IDSI. Specifically, Appellant argues 

that “the evidence was insufficient to sustain [Appellant’s] convictions for ten 

counts of [IDSI] where there was only testimony to support, at most, five to 

seven counts.” Appellant’s Brief at 18.

When reviewing a challenge to the sufficiency of the evidence, we are 

governed by the following standard:

A claim challenging the sufficiency of the evidence is a question of 

law. Evidence will be deemed sufficient to support the verdict 

when it establishes each material element of the crime charged 

and the commission thereof by the accused, beyond a reasonable 

doubt. Where the evidence offered to support the verdict is in 

contradiction to the physical facts, in contravention to human 

experience and the laws of nature, then the evidence is insufficient 

as a matter of law. 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.

In applying the above test, we may not reweigh the evidence and 

substitute our judgment for the fact-finder.

Commonwealth v. James, 297 A.3d 755, 764 (Pa. Super. 2023) (citations 

omitted). Importantly, it is well settled that in cases addressing sexuallybased offenses, the uncorroborated testimony of the complainant, if believed 

____________________________________________

defective. See Appellant’s Brief at 17-18. Based on Appellant’s failure to 

develop this issue, we find that this issue would be waived on that basis. See 

Westlake, 295 A.3d at 1286 n.8.
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by the finder of fact, is sufficient to warrant a conviction. Commonwealth 

v. Diaz, 152 A.3d 1040, 1047 (Pa. Super. 2016).

The Crimes Code defines IDSI, in relevant part, as deviate sexual 

intercourse with a complainant who is less than thirteen years of age. 18 

Pa.C.S. § 3123(b). Deviate sexual intercourse is defined by the Crimes Code 

as follows: 

Sexual intercourse per os or per anus between human beings and 

any form of sexual intercourse with an animal. The term also 

includes penetration, however slight, of the genitals or anus of 

another person with a foreign object for any purpose other than 

good faith medical, hygienic or law enforcement procedures.

18 Pa.C.S. § 3101. This Court has determined that evidence of oral contact 

between a defendant’s genitalia and the victim’s mouth is sufficient to warrant 

a conviction of IDSI. Commonwealth v. Trippett, 932 A.2d 188, 194 (Pa. 

Super. 2007). Likewise, evidence that a defendant had oral contact with the 

victim’s genitalia is sufficient to prove IDSI. Id.

In the instant appeal, Appellant contends that A.R. testified,

at best, to only five to seven incidents of IDSI. The only incidents 

with any specificity that even approached the elements for IDSI 

were in a trailer at Baker Road, at a house on Mill Road, in [] 

Appellant’s car at Six Flags (which no elements of the crime 

occurred [in the Commonwealth of Pennsylvania]), and in [] 

Appellant’s truck behind a mushroom plant. Besides these 

incidents, [A.R.] offered no further details or evidence of other 

sexual abuse.

Appellant’s Brief at 18-19.
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The Commonwealth counters by arguing that a “thorough review of the 

evidence, when viewed in the light most favorable to the Commonwealth, does 

not show that the evidence was so weak and inconclusive that a reasonable 

factfinder could not be satisfied as to the guilt of [Appellant] beyond a 

reasonable doubt. Commonwealth’s Brief at 54-55. 

Preliminarily, we note that the Commonwealth initially charged 

Appellant with thirty-six counts of IDSI; however, the Commonwealth only 

elected to proceed with ten counts of IDSI at trial. During trial, the jury heard 

testimony from the victim, A.R. A.R. testified regarding four sexual 

encounters with Appellant at his residence on Mill Road. Specifically, A.R. 

testified that Appellant asked her to perform oral sex in the living room of the 

residence. N.T. Trial, 9/21/21, at 21-22. A.R. then testified that Appellant 

performed oral sex on her in the laundry room of the residence and in a side 

lawn. Id. at 24-25; 33. The jury heard further testimony from A.R. about an 

encounter taking place between Appellant and A.R. in Appellant’s basement, 

in which Appellant digitally penetrated A.R.’s anus. Id. at 29-31. A.R. also 

testified that Appellant performed oral sex on her in her bedroom in a trailer 

on Baker Road. Id. at 36-37. At the close of its direct-examination, the 

Commonwealth elicited the following testimony:

Q: Now, I’m going to ask you, told us about a number of different 

types of things that [Appellant] did to you and I’m going to try 

and go through those. Okay? You told us that there were times 

that he performed oral sex on you; is that right?

A: Yes.
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Q: And in that time period when you were between the ages of 9 

and 12, about how often was that specific thing happening, him 

performing oral sex on you?

A: Are you asking how many times?

Q: How many times or how often?

A: Just about every chance that he got when I would see him and 

my mom wasn’t around, that was just something that we did as a 

normal thing.

Q: Do you have any idea how many times that happened?

A: Too many for me to remember.

Q: Would you say it was more or less than 20 times?

A: At least 20 or more.

Id. at 44-45.

Based upon our review of the record, we conclude that the 

Commonwealth has met its burden of establishing Appellant’s guilt beyond a 

reasonable doubt as to ten counts of IDSI. See James, 297 A.3d at 764; 

Diaz, 152 A.3d at 1047. The record specifically reflects that A.R. testified in 

detail regarding five sexual encounters with Appellant at either his residence 

or A.R.’s family’s trailer. A.R. testified more generally to other incidents, and 

also told the jury that sexual encounters between herself and Appellant 

occurred in excess of twenty times. This testimony permitted the jury to 

reasonably infer that Appellant committed IDSI ten times. See James, 297 

A.3d at 764. Accordingly, we find that the Commonwealth met its burden of 

establishing beyond a reasonable doubt that Appellant committed IDSI ten 

times; therefore, Appellant is not entitled to relief.
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SVP Designation

Appellant next raises a challenge to the sufficiency of the evidence 

underlying his SVP designation. Appellant argues that the trial court erred in 

designating him as an SVP because there was “no factual basis to make that 

determination when [Appellant] had over ten years of non-detection, and 

there was only evidence of his abuse against a single victim.” Appellant’s Brief 

at 20. 

In reviewing an SVP designation, we must determine whether the 

Commonwealth presented clear and convincing evidence that the defendant 

meets the statutory definition of an SVP. Commonwealth v. Hollingshead, 

111 A.3d 186, 189 (Pa. Super. 2015). “As with any sufficiency of the evidence 

claim, we view all evidence and reasonable inferences therefrom in the light 

most favorable to the Commonwealth [as verdict winner].” Id. (citation 

omitted).

To prove a defendant is an SVP, the Commonwealth must first establish 

that the defendant was convicted of a sexually violent offense. Then the 

Commonwealth must prove that the defendant has “a mental abnormality or 

personality disorder that makes [them] likely to engage in predatory sexually 

violent offenses.” 42 Pa.C.S. § 9799.12. The statute defines “mental 

abnormality” as “[a] congenital or acquired condition of a person that affects 

the emotional or volitional capacity of the person in a manner that predisposes 

that person to the commission of criminal sexual acts to a degree that makes 

the person a menace to the health and safety of other persons.” Id. The 
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defendant’s conduct must be “predatory,” which the statute defines as “[a]n 

act directed at a stranger or at a person with whom a relationship has been 

instituted, established, maintained, or promoted, in whole or in part, in order 

to facilitate or support victimization.” Id.; Commonwealth v. Stephens, 74 

A.3d 1034, 1038 (Pa. Super. 2013); see also Commonwealth v. Geiter, 

929 A.2d 648, 651 (Pa. Super. 2007).

In determining whether an individual meets the definition of an SVP, the 

SOAB evaluates the following factors:

(1) Facts of the current offense, including: 

(i) Whether the offense involved multiple victims. 

(ii) Whether the individual exceeded the means necessary 

to achieve the offense. 

(iii) The nature of the sexual contact with the victim. 

(iv) Relationship of the individual to the victim. 

(v) Age of the victim. 

(vi) Whether the offense included a display of unusual 

cruelty by the individual during the commission of the crime. 

(vii) The mental capacity of the victim. 

(2) Prior offense history, including: 

(i) The individual’s prior criminal record. 

(ii) Whether the individual completed any prior sentences. 

(iii) Whether the individual participated in available 

programs for sexual offenders. 

(3) Characteristics of the individual, including: 

(i) Age. 

(ii) Use of illegal drugs. 
J-S40014-23

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(iii) Any mental illness, mental disability or mental 

abnormality. 

(iv) Behavioral characteristics that contribute to the 

individual’s conduct. 

(4) Factors that are supported in a sexual offender assessment 

field as criteria reasonably related to the risk of reoffense. 

42 Pa.C.S. § 9799.24(b).

Here, the trial court concluded that there was sufficient evidence to 

support Appellant’s designation as an SVP. See Trial Ct. Op. at 29-31. In 

reaching that conclusion, the trial court explained:

Based on Dr. Mapes’ report and testimony, there are ample 

reasons to declare Appellant an SVP. Appellant committed 

multiple enumerated offenses over an extended period, 

approximately more than three (3) years. He committed various 

sexual offenses, and the offenses were against a single minor [for] 

whom he acted as a caregiver [] at times. Additionally, there was 

an approximately thirty-six (36) year difference in ages between 

[A.R.] and Appellant. As opined by Dr. Mapes, Appellant squarely 

meets the criteria to be diagnosed with pedophilic disorder under 

the DSM-5[.]

* * *

As for predatory behavior, [the trial court placed] great emphasis 

on the fact Appellant, as a former state trooper, committed these 

offenses and continued to commit them for over three (3) years 

and attempted to blame [A.R.] for his actions when confronted.

Dr. Mapes opined:

From the totality of information, it was my opinion that the 

sexual relationship started at an early onset in their 

relationship. And then at one point, he was trying to 

convince [J.R.] to allow [A.R.] to move to Texas with him, 

so he could adopt her. Again, the totality of information 

showed him getting [too] close to [A.R.] and repetitively 

offending. And based upon that, it was my opinion that the 

instant offense meets the predatory behavior criteria.
J-S40014-23

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[N.T. SVP Hr’g, 8/3/22, at 22.]

Despite Appellant offering his own expert, Dr. [] Lorah’s testimony 

did not refute the facts, report, and diagnosis as attested by Dr. 

Mapes. Appellant and his expert would have [the trial court] 

accept there “are no facts to support the finding of SVP” because 

his offenses against a single victim were not detected for ten (10) 

years. The fact Appellant committed the offenses for over three 

(3) years against a minor [for] whom he was entrusted to care [] 

did not affect Dr. Lorah’s expert opinion in evaluating the statutory 

standards, despite such behavior matching the statutory definition 

of predatory. Appellant’s contention is utterly without merit and 

is rebutted by Dr. Mapes’ report, testimony and the law 

surrounding SVP determinations.

Dr. Mapes specifically testified to Appellant’s mental abnormality 

or personality disorder [as] follows:

* * *

At the time, he was over 16. He was more than five years 

older than [A.R.] The offenses occurred over a three to four 

year period of time for more than six months. [A.R. was] 

under age. . . . [S]he was between the ages of nine and 12 

when the offending occurred. As a result of his sexual 

interest with [A.R.], he has been incarcerated, which will 

affect multiple areas of his life. Accordingly, he meets DSM5 criteria for the diagnosis of pedophilic disorder.

N.T. SVP Hr’g at 16-17.

Dr. Mapes further testified to Appellant’s risk of re-offending. “An 

adult male who commits multiple offenses against an underage 

victim over approximately a three to four year period of time is 

considered higher risk for reoffending.” [Id. at 19.] “One who 

suffers from pedophilic disorder and who commits multiple 

offenses over [a] three to four year period of time is much more 

likely to reoffend [than] as someone who does not suffer from that 

disorder.” Id. at 20-21.

Id. (some citations omitted and formatting altered).

Based on our review of the record and viewing the evidence in the light 

most favorable to the Commonwealth, we agree with the trial court that the 
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SOAB report contains clear and convincing evidence that Appellant has mental 

abnormalities and disorders that make him likely to engage in predatory 

sexually violent offenses. See Hollingshead, 111 A.3d at 189-90. 

Therefore, we conclude that Appellant’s challenge to the sufficiency of the 

evidence supporting his designation as an SVP is meritless and no relief is due.

Evidentiary Issues at the SVP Hearing

Next, Appellant contends that the trial court “erred in overruling [] 

Appellant’s objections to the Commonwealth’s line of hypothetical questioning 

of Dr. [Christopher P.] Lorah[, PhD,] after the Commonwealth conceived of 

hypotheticals and then attributed them to another expert without any basis.” 

Appellant’s Brief at 22 (emphasis added). Although Appellant acknowledges 

that he referred to Dr. Mapes, rather than Dr. Lorah, in his Rule 1925(b) 

statement, he argues that it was a mistake. Further, he asserts that the trial 

court “recognize[d] the minor error and acknowledge[d] that [] Appellant 

most likely intended ‘Dr. Lorah.’ For this reason, this issue is not waived.” 

Id. at 22 n.8. 

The Commonwealth responds that Appellant has waived this issue 

because his Rule 1925(b) statement identified a claim concerning

“hypothetical questioning of Dr. [Bruce] Mapes[, PhD,] not Dr. Lorah.” 

Commonwealth’s Brief at 65 (emphasis in original). 

In its Rule 1925(a) opinion, the trial court does note that “Appellant 

objected to the Commonwealth’s line of questioning of Dr. Lorah, not Dr. 

Mapes.” Trial Ct. Op. at 34. The court further noted that Appellant ordered 
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the SVP hearing transcript on September 30, 2022, and received it on 

November 23, 2022, while filing his Rule 1925(b) statement on October 25, 

2022. Id. n.15. Critically, “Appellant did not seek to amend his statement of 

errors or seek an extension of time to file with aid of the transcript.” Id.

The Pennsylvania Rules of Appellate Procedure require appellants to, 

when ordered by the trial court, file a concise statement of errors complained 

of on appeal which identifies “each error that the appellant intends to assert 

with sufficient detail to identify the issue raised for the judge.” Pa.R.A.P. 

1925(b)(4)(ii). Failure to do so could result in waiver. Pa.R.A.P. 

1925(b)(4)(vii). “[A]n appellant’s concise statement must identify the errors 

with sufficient specificity for the trial court to identify and address the issues 

the appellant wishes to raise on appeal.” Commonwealth v. Arnold, 284 

A.3d 1262, 1279 (Pa. Super. 2022) (citation omitted). Waiver is not required, 

however, in cases in which our ability to effectuate meaningful appellate 

review is not hindered. Commonwealth v. Landis, 277 A.3d 1172, 1182 

(Pa. Super. 2022).

In the instant case, it is clear from the record that Appellant identified 

the incorrect witness in his Rule 1925(b) statement. Despite Appellant’s 

failure to correct his Rule 1925(b) statement, in this instance, we find that our 

ability to effectuate meaningful appellate review has not been hindered; 

therefore, we will not deem this issue to be waived and we shall proceed to 

review this issue on the merits. See id.
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As noted above, Appellant’s issue surrounds the Commonwealth’s crossexamination of Dr. Lorah. Specifically, Appellant contends that “the 

Commonwealth framed hypotheticals as if another non-testifying, non-present 

expert[, Dr. Hanson,4] was to ask the hypotheticals. Although the questions 

were cloaked as expert opinion, they were just mere assertions by the 

Commonwealth[.]” Appellant’s Brief at 22. Our standard of review is abuse 

of discretion. DiStefano, 265 A.3d at 297. 

This Court has held:

[I]t is well-settled that the Commonwealth may ask 

an expert a hypothetical question so long as there is evidence of 

record supporting the hypothetical. [A]n expert may give 

an opinion in response to a hypothetical, provided the set of facts 

assumed in the hypothetical is eventually supported by competent 

evidence and reasonable inferences derived therefrom.

Commonwealth v. Clemat, 218 A.3d 944, 957-58 (Pa. Super. 2019) 

(citations omitted; some formatting altered).

The trial court reached the following conclusion:

A thorough and careful review of the record shows Appellant’s 

claim fails. . . . [T]he Commonwealth did not conceive 

hypotheticals and attribute them to another, non-testifying 

expert. Rather, as permitted by the rules of evidence, on crossexamination, the Commonwealth probed Appellant’s expert and 

his knowledge of information forming the basis of his opinion.

Appellant’s expert acknowledged on record the Static-99R 

individualized risk assessment helped form the basis of his 

opinion. Dr. Lorah credited Dr. Hanson as the author of the Static99R and many supporting articles cited in his own report 

concerning the case at bar. Appellant further conceded 

____________________________________________

4 Dr. Hanson’s first name does not appear in the record.
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Pennsylvania law does not require individualized risk assessments 

such as the Static-99R.

Even if the questions posed by the Commonwealth are considered 

“hypotheticals attributed to another expert,” they are not “without 

any basis,” as Appellant asserts in his Statement of Errors. Dr. 

Lorah explicitly stated on record his opinion differs from Dr. 

Mapes’ opinion based on his personal decision to perform and 

score the Static-99R, even if not required under Pennsylvania law. 

The Commonwealth, on cross-examination, questioned Dr. Lorah 

regarding his knowledge of individualized risk assessments such 

as the Static-99R and Pennsylvania law. The Commonwealth

specifically asked Dr. Lorah if he is aware the author of the Static99R previously testified contrary to what Dr. Lorah put in his 

report and then testified to. When questioned further, Dr. Lorah 

recognized and acknowledged if the Static-99R guidelines were 

adhered to as written by Dr. Hanson, a different result would have 

been reached. For Appellant to claim this is improper questioning 

flies in the face of the purpose of cross-examination.

Trial Ct. Op. at 37-38.

Based on our review of the record, we can discern no abuse of discretion 

on the part of the trial court. The record reflects that Appellant’s expert 

witness, Dr. Lorah, referenced the Static-99R in his report. N.T. SVP Hr’g at 

49.5 On cross-examination, Dr. Lorah testified that based, in part, on the 

Static-99R, he believed Appellant to be a low risk for re-offending. Id. at 59. 

Dr. Lorah further testified that risk assessments such as the Static-99R are 

appropriate and that he felt “obligated to inform the [trial court] of the status 

of the literature.” Id. at 62. On this basis, the trial court permitted the 

Commonwealth to cross-examine Dr. Lorah using hypotheticals regarding Dr. 

____________________________________________

5 As noted by Dr. Lorah, Dr. Mapes also referenced the Static-99R. N.T. SVP 

Hr’g at 30-31. Dr. Mapes testified that the Static-99R is an individualized risk 

assessment; however, it is not used in Pennsylvania under SORNA. Id. at 31.
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Hanson because he was the author of the report used by Dr. Lorah in his 

analysis. Id. at 68-69. Based on this record, we find that the trial court did 

not abuse its discretion, as the hypotheticals employed by the Commonwealth 

had an evidentiary basis in the record. Clemat, 218 A.3d at 957-58. 

Accordingly, Appellant is not entitled to relief.

Discretionary Aspects of Sentence

In his final three issues, Appellant raises challenges to the discretionary 

aspects of his sentence. Appellant first contends that the trial court exhibited 

bias and ill will toward Appellant when it stated that Appellant was not entitled 

to a volume discount for multiple criminal acts. Appellant’s Brief at 29. 

Appellant next argues that the trial court’s “sentence double counted the 

aggravating factors included in the sentencing guidelines to impose a sentence 

that was an upward departure from the aggravated range[,]” of the 

sentencing guidelines. Id. Finally, Appellant alleges that the trial court’s 

aggregate sentence amounted to a de facto life sentence, and that the trial 

court failed to “adequately account for [Appellant’s] mitigating factors and his 

advanced age at the time of sentencing.” Id. at 30-31.

“[C]hallenges to the discretionary aspects of sentencing do not entitle 

an appellant to review as of right.” Commonwealth v. Derry, 150 A.3d 987, 

991 (Pa. Super. 2016) (citations omitted). Before reaching the merits of such 

claims, we must determine:

(1) whether the appeal is timely; (2) whether Appellant preserved 

his issues; (3) whether Appellant’s brief includes a [Pa.R.A.P. 

2119(f)] concise statement of the reasons relied upon for 
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allowance of appeal with respect to the discretionary aspects of 

sentence; and (4) whether the concise statement raises a 

substantial question that the sentence is inappropriate under the 

sentencing code.

Commonwealth v. Corley, 31 A.3d 293, 296 (Pa. Super. 2011) (citations 

omitted). 

“To preserve an attack on the discretionary aspects of sentence, an 

appellant must raise his issues at sentencing or in a post-sentence motion. 

Issues not presented to the sentencing court are waived and cannot be raised 

for the first time on appeal.” Commonwealth v. Malovich, 903 A.2d 1247, 

1251 (Pa. Super. 2006) (citations omitted); see also Pa.R.A.P. 302(a).

“The determination of what constitutes a substantial question must be 

evaluated on a case-by-case basis.” Commonwealth v. Battles, 169 A.3d 

1086, 1090 (Pa. Super. 2017) (citation omitted). “A substantial question 

exists only when the appellant advances a colorable argument that the 

sentencing judge’s actions were either: (1) inconsistent with a specific 

provision of the Sentencing Code; or (2) contrary to the fundamental norms 

which underlie the sentencing process.” Commonwealth v. Grays, 167 A.3d 

793, 816 (Pa. Super. 2017) (citation omitted).

Here, the record confirms that Appellant preserved his sentencing claims 

in a post-sentence motion, filed a timely notice of appeal, and included the 

issues in his Rule 1925(b) statement. Appellant has also included a Rule 

2119(f) statement in his brief. Additionally, we conclude that Appellant has 

raised a substantial question for review. See Commonwealth v. Bankes, 
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286 A.3d 1302, 1306 (Pa. Super. 2022) (holding that “the decision to sentence 

consecutively raises the aggregate sentence to . . . an excessive level in light 

of the criminal conduct” raises a substantial question); Commonwealth v. 

Watson, 228 A.3d 928, 936 (Pa. Super. 2020) (holding that a claim that a 

sentencing court “double counted factors already considered in the sentencing 

guidelines raises a substantial question”); Derry, 150 at 995 (Pa. Super. 

2016) (holding that sentences which are the product of, inter alia, bias or ill 

will, are “necessarily contrary to the fundamental norms of sentence,” thereby 

raising a substantial question).

Our well-settled standard of review is as follows:

Sentencing is a matter vested in the sound discretion of the 

sentencing judge, and a sentence will not be disturbed on appeal 

absent a manifest abuse of discretion. In this context, an abuse 

of discretion is not shown merely by an error in judgment. Rather, 

the appellant must establish, by reference to the record, that the 

sentencing court ignored or misapplied the law, exercised its 

judgment for reasons of partiality, prejudice, bias or ill will, or 

arrived at a manifestly unreasonable decision.

Additionally, our review of the discretionary aspects of a sentence 

is confined by the statutory mandates of 42 Pa.C.S. § 9781(c) and 

(d). Subsection 9781(c) provides:

The appellate court shall vacate the sentence and remand 

the case to the sentencing court with instructions if it finds:

(1) the sentencing court purported to sentence within the 

sentencing guidelines but applied the guidelines 

erroneously;

(2) the sentencing court sentenced within the sentencing 

guidelines but the case involves circumstances where the 

application of the guidelines would be clearly 

unreasonable; or
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(3) the sentencing court sentenced outside the 

sentencing guidelines and the sentence is unreasonable.

In all other cases the appellate court shall affirm the 

sentence imposed by the sentencing court.

42 Pa.C.S. § 9781(c).

In reviewing the record, we consider:

(1) The nature and circumstances of the offense and the 

history and characteristics of the defendant.

(2) The opportunity of the sentencing court to observe the 

defendant, including any presentence investigation [(PSI)].

(3) The findings upon which the sentence was based.

(4) The guidelines promulgated by the commission.

42 Pa.C.S. § 9781(d).

Commonwealth v. Raven, 97 A.3d 1244, 1253-54 (Pa. Super. 2014) (some 

citations omitted and some formatting altered).

“When imposing a sentence, the sentencing court must consider the 

factors set out in 42 Pa.C.S. § 9721(b), [including] the protection of the public, 

[the] gravity of [the] offense in relation to [the] impact on [the] victim and 

[the] community, and [the] rehabilitative needs of the defendant.” 

Commonwealth v. Fullin, 892 A.2d 843, 847 (Pa. Super. 2006) (citation 

omitted and formatting altered). Additionally, the trial court “must consider 

the sentencing guidelines.” Id. at 848 (citation omitted). Where a PSI report 

exists, this Court will “presume that the sentencing judge was aware of 

relevant information regarding the defendant’s character and weighed those 

considerations along with mitigating statutory factors.” Commonwealth v. 

Watson, 228 A.3d 928, 936 (Pa. Super. 2020) (citation omitted). 
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“Generally, Pennsylvania law affords the sentencing court discretion to 

impose its sentence concurrently or consecutively to other sentences being 

imposed at the same time or to sentences already imposed. [An a]ppellant is 

not entitled to a ‘volume discount’ on his multiple convictions by the imposition 

of concurrent sentences.” Commonwealth v. Brown, 249 A.3d 1206, 1216 

(Pa. Super. 2021) (citations omitted and formatting altered). 

The balancing of the sentencing factors is the sole province of the 

sentencing court, which has the opportunity to observe the defendant and all 

witnesses firsthand. See Commonwealth v. Kurtz, 294 A.3d 509, 536 (Pa. 

Super. 2023), appeal granted on other grounds, 306 A.3d 1287, 289 MAL 

2023 (Pa. filed Oct. 30, 2023). In conducting appellate review, this Court 

“cannot reweigh sentencing factors and impose judgment in place of [the] 

sentencing court where [the] lower court was fully aware of all mitigating 

factors[.]” Id. (citation omitted). 

Here, the trial court addressed Appellant’s sentencing claims as follows:

The sentencing court is in the best position to determine the 

proper penalty for a particular offense. Furthermore, the 

sentencing court, in its discretion, may order consecutive 

sentences based upon an evaluation of the individual 

circumstances of the case. Here, the sentencing court did exactly 

that.

The sentencing court did not impose a de facto life sentence. The 

sentencing court adequately accounted for Appellant’s mitigating 

factors and his advanced age in crafting his sentence and did not 

abuse its discretion.

* * *
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Appellant perpetrated various sexual offenses against a child, who 

was left in his care, for over three years. When confronted, 

Appellant showed no remorse and accepted no responsibility as 

evidenced by Appellant’s own words heard on audio recording 

during the trial. Rather, Appellant repeatedly attempted to blame 

[A.R.] for his own actions, as indicated by the audio, in the presentence investigation and illuminated in the Commonwealth’s 

sentencing memorandum. Never has Appellant accepted 

responsibility for his actions.

* * *

Most importantly, [Appellant] fails to consider and acknowledge 

the impact his actions have had on the victim, [A.R.] Appellant 

entered [A.R.’s] life after her mother and father were arrested for 

possession with intent to deliver narcotics and Appellant was a 

state police [trooper] involved in the investigation. Appellant 

forged a sexual relationship with [A.R.’s] mother which ultimately 

led to Appellant gaining access to [A.R.] It was from this position 

of trust that Appellant repeatedly sexually abused his victim for 

approximately three years.

Although [A.R.] elected not to speak at Appellant’s sentencing, 

she did provide a letter to be read and was present in the 

courtroom. From the moment the victim advocate began reading, 

[A.R.] was visibly upset but remained in the courtroom 

determined to finish the long process Appellant began in private.

Trial Ct. Op. at 47-48.

Following our review of the record, we discern no abuse of discretion by 

the trial court. See Raven, 97 A.3d at 1253. The record reflects that the 

trial court ordered a PSI report, which it reviewed prior to sentencing. See 

N.T. Sentencing Hr’g, 8/3/22, at 122. Therefore, we presume that the trial 

court was fully aware of the mitigating factors and considered them when 

imposing Appellant’s sentence. See Watson, 228 A.3d at 936; see also

Kurtz, 294 A.3d at 536. Although Appellant claims that the trial court “gave 

undue weight to Appellant’s aggravating factors,” we will not re-weigh the trial 
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court’s consideration of the relevant sentencing factors on appeal. See Kurtz, 

294 A.3d at 536. Further, as noted previously, it is well settled that 

defendants convicted of multiple criminal offenses are not entitled to a volume 

discount on their aggregate sentence. See Brown, 249 A.3d at 1216; see 

also Commonwealth v. Pisarchuk, 306 A.3d 872, 881 (Pa. Super. 2023).

6

For these reasons, we conclude that Appellant is not entitled to relief. 

Accordingly, we affirm.

Judgment of sentence affirmed. Jurisdiction relinquished. 

Date: 3/27/2024

____________________________________________

6 To the extent Appellant relies on Commonwealth v. Anderson, 224 A.3d 

40 (Pa. Super. 2019) in support of his de facto life sentence claim, we note 

that Anderson addresses de facto life sentences in the context of juvenile 

murder defendants and is therefore inapplicable to the instant case. See 

Anderson, 224 A.3d at 40-41. Just as Appellant is not entitled to a volume 

discount for multiple crimes by having an aggregate sentence run 

concurrently, he is likewise not entitled to a “seasonal discount because he 

committed his crimes in the winter of his life.” Commonwealth v. P.B.B., 

2020 WL 3225518 at *10 n.5 (Pa. Super. filed June 15, 2020) (unpublished 

mem.); see Pa.R.A.P. 126(b) (stating that we may cite to unpublished 

memoranda filed after May 1, 2019 for persuasive value).