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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : DAVID L. KINNEY, : : Appellant : No. 406 MDA 2015
Appeal from the Judgment of Sentence September 9, 2013 In the Court of Common Pleas of Clinton County Criminal Division No(s).: CP-18-CR-0000043-2013
BEFORE: FORD ELLIOTT, P.J.E., WECHT, and FITZGERALD,* JJ.
MEMORANDUM BY FITZGERALD, J.: FILED NOVEMBER 09, 2015
Appellant, David L. Kinney, appeals nunc pro tunc from the judgment
of sentence entered in Clinton County Court of Common Pleas after he
pleaded guilty to two counts of aggravated assault,1 and one count each of
terroristic threats2 and simple assault.3 Appellant challenges the
discretionary aspects of the aggregate sentence of seventy-one to two
hundred twenty-eight months' imprisonment. We affirm.
On December 18, 2012, Appellant was charged with numerous crimes
for four incidents of domestic violence, which occurred between September
* Former Justice specially assigned to the Superior Court. 18 Pa.C.S. § 2702(a)(1), (a)(4). 18 Pa.C.S. § 2706(a)(1). 18 Pa.C.S. § 2701(a)(1). J.S64038/15
and December of 2012. The incidents were described in the affidavit of
probable cause, which we reproduce below:
[Incident #]1. [Appellant] SHOVED [Complainant] INTO A CHAIR AND PUT A BIG KITCHEN KNIFE UP TO HER THROAT AND TOLD HER THAT SHE WAS A WHORE AND THAT HE WANTED TO KILL HER DUE TO AN ARGUMENT THAT OCCURED WEEKS EARLIER.
[Incident #]2. A FEW WEEKS AFTER THE FIRST INCIDENT [Appellant] PUT A KNIFE TO [Complainant's] THROAT AND KNOCKED HER AROUND SHOVING HER OFF CHAIRS. [Appellant] KICKED AND HIT [Complainant] IN THE HEAD. [Appellant] PUT A CIGARETTE OUT ON [Complainant's] LEFT SHOULDER AND SPIT ON HER FACE. [Appellant] PUNCHED [Complainant] IN THE RIBS AND THE BACK OF THE ARMS. [Appellant] "RIPPED" [Complainant] AROUND THE LIVING ROOM BY HER HAIR AND TOLD HER THAT HE WAS GOING TO BURY HER. [Complainant] BEGGED [Appellant] TO STOP. [Appellant] RESPONDED TELLING [Complainant] THAT IF SHE CALLS THE POLICE HE WILL MAKE HER SUFFER. THAT HER KIDS, PARENTS, NIECES NEPHEWS AND BROTHERS WOULD ALL DIE AND THAT HE WOULD LEAVE HER ALIVE TO SUFFER. [Appellant] STATED THAT HE PERSONALLY WOULD NOT DO IT BUT HE HAS PEOPLE THAT WOULD IF THEY DID NOT HEAR FROM HIM. [Appellant] ALSO HIT [Complainant] IN THE BACK WITH A METAL TOWEL RACK.
[Incident #]3. A FEW WEEKS AFTER THE SECOND ACT [Appellant] AGAIN PULLED A KNIFE ON [Complainant] AND CHOKED HER.
[Incident #]4. ON WEDNESDAY 12-12-12 [Appellant] WAS INTOXICATED AND TOLD [Complainant] IT WAS HER OR HER KIDS BUT SOMEONE WAS GOING TO DIE THAT NIGHT. [Appellant] TRIED TO KEEP [Appellant] CONCENTRATED ON HER. [Appellant] PULLED A KNIFE TO [Complainant's] THROAT AND [Complainant] PUT HER HAND UP TO STOP HIM. THE KNIFE CUT [Complainant's] HANDS CAUSING A DEEP LACERATION TO THE PINKY FINGER OF [her] LEFT HAND. [Complainant] BEGGED [Appellant] TO LET HER STOP THE BLEEDING AND THEY WENT INTO THE BEDROOM. ONCE IN THE BEDROOM
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[Appellant] STUCK THE KNIFE IN HER MOUTH