Superior Court 7/10/08 - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL WALL

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL WALL
No. 2282 EDA 2005 2008 PA Super 151 Atlantic: n/a Filed: 7/10/2008
Appeal from the Judgment of Sentence February 11, 2005 In the Court of Common Pleas of Philadelphia County Criminal at No(s): 0210-0192 1/1
Before: PANELLA, HUDOCK, and FITZGERALD?, JJ
Opinion by: PANELLA, J.
Appellant, Michael Wall, appeals from the judgment of sentence entered on February 11, 2005, by the Honorable Thomas Dempsey, Court of Common Please of Philadelphia County. After careful review, we affirm.

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Subsequently, Wall filed a post-sentence motion raising sufficiency and
weight of evidence challenges to his rape conviction. After hearings on May
19, 2005 and May 24, 2005, Judge Dempsey issued an opinion on July 21,
2005, denying Wall’s motions. This timely appeal followed.
¶ 7 In his first issue presented on appeal, Wall argues that the evidence
presented at the bench trial was legally insufficient to sustain his conviction
for rape.4 In evaluating a challenge to the sufficiency of the evidence, we
must determine whether, viewing the evidence in the light most favorable to
the Commonwealth as verdict winner, together with all reasonable
inferences therefrom, the trier of fact could have found every element of the
crime charged beyond a reasonable doubt. See Commonwealth v.
Sullivan, 864 A.2d 1246, 1249 (Pa. Super. 2004).