Opinion

Com. v. Quiles, E.

Court
Superior Court of Pennsylvania
Filed
Aug 4, 2025
Status
Unpublished
On the bench
Panella
Cited by
0 cases
Authority
More cited than 38.5%

The opinion

J-S25012-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

:

v. :

:

:

EZAIS QUILES :

:

Appellant : No. 1875 EDA 2023

Appeal from the Judgment of Sentence Entered February 10, 2023

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

No(s): CP-51-CR-0001826-2019

BEFORE: PANELLA, P.J.E., DUBOW, J., and BENDER, P.J.E.

MEMORANDUM BY PANELLA, P.J.E.: FILED AUGUST 4, 2025

Ezais Quiles appeals from the judgment of sentence entered on February

10, 2023, for his convictions of attempted involuntary deviate sexual

intercourse with a child, unlawful contact with minor, corruption of minors,

endangering welfare of children, and indecent assault. 1 Quiles challenges the

verdict as against the weight of the evidence, asserts the trial court erred in

failing to give a prompt complaint jury instruction, and argues the Sex

Offender Registration and Notification Act (“SORNA”) 2 is facially

unconstitutional. After careful review, we affirm.

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

____________________________________________

1 18 Pa.C.S.A. §§ 901(a), 6318(a)(1), 6301(a)(1)(i), 4304(a)(1), and

3126(a)(7), respectively.

2 42 Pa.C.S.A. §§ 9799.10-9799.75.

J-S25012-25

FACTUAL BACKGROUND

In late summer or fall of 2017, [] Quiles was showering with his

sons, E.Q. and J.Q. While showering, [] Quiles brought his penis

close to E.Q’s face, and instructed him to “suck it.” During this

exchange, [] Quiles’ penis touched the outside of E.Q.’s cheek and

mouth. [] Quiles threatened to hit E.Q. with a belt if he did not

perform oral sex. When E.Q. refused, [] Quiles hit him with a belt

on his buttocks, leaving “little red marks.” J.Q. witnessed the

whole encounter. E.Q. was 7 years old at that time, and J.Q. was

6 years old.

During that time, E.Q. and J.Q. were residing with foster parents,

[] Barbara Ginorio [(“Ginorio”)] and her husband, Raphael. Prior

to visiting his father, E.Q. expressed a desire to live with [] Quiles

and expressed frustration that [] Quiles was not doing enough to

get him back. Around the time of the offense, [] Ginorio noted

that E.Q.’s behavior changed, and he did not want to go to []

Quiles’ house.

In November 2017, [] Ginorio heard the boys arguing in the

bathroom. She intervened, and J.Q. explained that E.Q. asked him

to “suck his wee-wee.” J.Q. further explained that he was not

going to do “the same thing E.Q. did to [] Quiles.” [] Ginorio pulled

E.Q. aside and inquired further. At first E.Q. denied that his father

did anything to him, but when she pressed him, he disclosed the

encounter with his father. [] Ginorio reported the matter to

authorities. E.Q. and J.Q. were each separately interviewed at the

Philadelphia Children’s Alliance (PCA) on December 28, 2017. In

E.Q.’s interview he recounted that [] Quiles brought his penis close

to his face in the shower and instructed him to “suck it.” He also

recounted that [] Quiles hit his buttocks with a belt because he

did not acquiesce to his father’s demand. In J.Q.’s separate

interview, he described the incident occurring between [] Quiles

and E.Q. At the time of the PCA interviews, E.Q. was 7 ½ years

old, and J.Q. was 6 ½ years old.

In addition to the aforementioned incident in the shower, E.Q. and

J.Q. reported that [] Quiles would regularly hit them with belts as

a form of discipline.

PROCEDURAL HISTORY

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[] Quiles was charged with attempted involuntary deviate sexual

intercourse (IDSI) with a child, unlawful contract with a minor —

sexual offenses, corruption of a minor, endangering the welfare of

a child, and indecent assault of a person less than 13 years of age.

The case was consolidated with Commonwealth v. Quiles, CP-

51-CR-9508-2021, which involved charges related to interactions

[] Quiles had with his other son, J.Q. The jury trial was held in

November 2022. Pursuant to the tender years doctrine, both E.Q.

and J.Q.’s statements to [] Ginorio and to the PCA forensic

interviewer were admitted at trial as substantive evidence. []

Quiles was found guilty of all charges in the present case.

At the charge conference, [d]efense [c]ounsel requested that the

[trial court] give a prompt complaint instruction when charging

the jury. The [trial court] determined that the facts of the case

rendered the prompt complaint instruction unnecessary. Defense

objected to the failure to give the prompt complaint instruction

after the jury was charged. The [trial court] also charged the jury

with the general credibility of witness instruction, Section 4.17 of

the Pennsylvania Suggested Standard Criminal Jury Instructions.

On February 10, 2023, the [trial court] sentenced [] Quiles to an

aggregate sentence of six (6) to twelve (12) years of incarceration

followed by three (3) years of probation. Defense filed a timely

[p]ost-[s]entence [m]otion raising the claim that the verdict was

against the weight of the evidence and requesting a new trial.

Following a hearing, the [trial court] denied the motion.

Defense timely filed a [n]otice of [a]ppeal on July 11, 2023. The

[trial court] issued an [o]rder pursuant to Pa.R.[A.]P. 1925(b) on

July 13, 2023. Defense filed a timely statement of errors[.]

Trial Court Opinion, date, at 1-4 (record citations, brackets, and footnotes

omitted).

Quiles raises three issues for our review:

[1.] Is the verdict of guilty with respect to all charges against the

weight of the evidence and so contrary to the evidence that it

shocks one’s sense of justice in light of the evidence presented at

trial?

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[2.] Did the trial court err and/or abuse its discretion when it

denied defendant’s request to give Pennsylvania Suggested

Standard Jury Instruction (Criminal) 4.13A?

[3.] Should the SORNA lifetime registration requirement imposed

as part of the sentence in the matter sub judice be vacated

because the SORNA statute is facially unconstitutional?

Appellant’s Brief, at 7 (suggested answers and trial court answers omitted).

Quiles asserts the verdict is against the weight of the evidence because

there was no physical or forensic evidence, victim E.Q. had a motive to lie,

and E.Q.’s testimony was not corroborated by his foster mother, Ginorio. See

Appellant’s Brief, at 18-19. Further, because E.Q. delayed reporting, he should

not be believed. See id. at 21. We disagree.

The standard regarding weight of the evidence claims is well-settled:

A verdict is against the weight of the evidence only when the jury’s

verdict is so contrary to the evidence as to shock one’s sense of

justice. It is well established that a weight of the evidence claim

is addressed to the discretion of the trial court, and a new trial

should not be granted because of a mere conflict in the testimony

or because the judge on the same facts would have arrived at a

different conclusion. Rather, the role of the trial court is to

determine whether, notwithstanding all the evidence, certain facts

are so clearly of greater weight that to ignore them, or to give

them equal weight with all the facts, is to deny justice.

In reviewing a challenge to the weight of the evidence, the

function of an appellate court is to review the trial court’s exercise

of discretion based upon a review of the record, rather than to

consider de novo the underlying question of the weight of the

evidence. Appellate review is limited to whether the trial judge’s

discretion was properly exercised, and relief will only be granted

where the facts and inferences of record disclose an abuse of

discretion.

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Commonwealth v. Kimmel, 331 A.3d 26, 32-33 (Pa. Super. 2025) (citation

omitted).

The trial court provided a very detailed decision addressing Quiles’

weight of the evidence claim:

The [trial court] disagrees with some of [d]efense’s

characterizations of the evidence. In particular, [d]efense

contends that at trial E.Q. did not remember [] Quiles’ command

to suck his penis until prompted by leading questions. This does

not accurately recount E.Q.’s testimony. After some initial

introductory questions, E.Q.’s testimony proceeded as follows:

Q. Okay [E.Q.], did something happen at one of those

unsupervised visits that made you feel

uncomfortable?

A. Yes.

Q. Could you please tell the ladies and gentlemen

what happened.

A. I was going to the house when [Ginorio] dropped

me off, and then he told us to take a shower. And then

we took a shower, and then when we took a shower,

while we were in the shower, he told us to take off our

clothes and get in the shower, and he came in, too,

with no clothes. And then he put his private part near

me, and then he told me that—I don’t feel comfortable

saying this.

***

Q. Did the defendant say anything to you when he was

getting closer with his private parts?

A. I don’t remember, but I know he said “suck it.”

Q. He said “suck it?”

A. Yes, that’s what he said. I remember that.

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N.T., 11/02/2022, at 88-92. It is clear from the testimony that

E.Q. initially remembered that [] Quiles said something to him. He

did not initially share what was said because he expressed

discomfort in saying that part. That is not an unusual experience

for any witness, particularly a 12-year-old boy sitting in a room

full of adults being asked to recount crude and sexualized

statements. The Commonwealth addressed the witness’

discomfort by moving to other topics, and then circling back to the

question of what [] Quiles said. At that point, the questions asked

of E.Q. were not leading, and the witness provided the answer

without anyone suggesting what the answer should be.

Ultimately, all of the other issues argued by [d]efense come down

to the question of witness credibility. If the victim’s testimony is

found to be credible by the jury, then the lack of corroborating

physical evidence alone will not undermine that victim’s

testimony. [See] Commonwealth v. Diaz, 152 A.3d 1040, 1047

(Pa. Super. [] 2016). Moreover, this is not a case of a single

complaining witness’ testimony. E.Q.’s accounts of the evidence

in question were corroborated by the eye-witness accounts of

J.Q.[a]

[a] The [trial court] recognizes that there is a

discrepancy between J.Q’s account and E.Q’s account.

Specifically, J.Q. consistently reported that [] Quiles’

penis went inside of E.Q.’s mouth, which E.Q. has

consistently denied. Nevertheless, J.Q.’s account

corroborates the charge of attempted IDSI of a child.

It is also the jury’s prerogative to decide the amount of weight to

place on suppositions of a victim’s potential motive for fabrication.

See [Commonwealth v.] Clay, 64 A.3d [1049,] 1056-57 [Pa.

2013]. The lack of a prompt complaint may produce a doubt as to

whether the offense indeed occurred, or whether it was fabricated

by the witness. [See] Commonwealth v. Lane, 555 A.2d 1246,

1250 (Pa. 1989). When there is a delayed report, the sincerity of

the complaint is at issue if the delay was unreasonable or

unexplained. See [] Commonwealth v. Bradford, 198 A.2d 412

(Pa. Super. [] 1964); Commonwealth v. Freeman, 441 A.2d

1327 (Pa. Super. [] 1982). While [d]efense argued that the

evidence suggest[s] that E.Q. had a motive to fabricate because

he wanted to stay with his foster parents, E.Q. provided

alternative explanations. In particular, he explained that he was

torn; part of him wanted to stay with his foster parents, while

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another part of him “really wanted to go back home.” N.T.,

11/02/2022 at 111-12. He also provided an explanation for the

delayed report. In particular, he explained that he was scared that

his foster mother would be disgusted by him and that he would be

removed from his foster parents’ home.

***

The [trial court] acknowledges the various inconsistencies in the

witnesses’ testimony as described by [d]efense, but those

inconsistencies are not so clearly of greater weight that to ignore

them or give them equal weight would deny justice to [] Quiles.

Inconsistencies within testimony or between testimony and prior

statements are not unusual in any case, and particularly so in a

case involving young children and a delay of more than 5 years

between the time of the incident and the time of trial. The young

age of E.Q. (7 years old at the time of the incident) also explains

his hesitancy in disclosing the incident, including his initial denials

when confronted by [] Ginorio. Despite all of these challenges, the

core nature of the accusations remained consistent once E.Q.

chose to disclose. When E.Q. told [] Ginorio in November 2017,

when he told PCA during the forensic interview a month later, and

when he testified five years later in court, he recounted the same

incident where [] Quiles exposed his penis in the shower,

instructed E.Q. to “suck it,” and touched E.Q.’s face with his penis.

E.Q. and J.Q. also both shared their experiences with [] Quiles

repeatedly hitting them with a belt to enforce discipline in the

home.

The jury had the opportunity to consider all of the competing

evidence, including the lack of physical evidence, E.Q’s possible

motives to fabricate, the delayed report, evidence of [] Quiles’

good character, and all of the inconsistencies between the

witnesses’ testimony and prior statements as noted by [d]efense,

and, after considering everything, the jury determined that the

witnesses’ testimony was truthful and accurate and that the

totality of the evidence was adequate to prove the elements of the

crimes charged beyond a reasonable doubt. It would be improper

for the [trial court] to discard the determinations of the jury. The

evidence in support of the verdict is not so tenuous, vague, and

uncertain that the resulting verdict shocks the conscience, nor

does it deny justice; therefore, the verdict is not against the

weight of the evidence.

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Trial Court Opinion, 10/10/23, at 6-9 (some record citations omitted).

After a thorough review of the record, and after closely scrutinizing the

trial court’s evaluation of the evidence, we cannot find the trial court abused

its discretion, and find that the trial court’s decision in this regard is well

founded and clearly explained. Therefore, Quiles first claim does not merit

relief.

Quiles next argues the trial court erred in failing to provide a prompt

complaint jury instruction. See Appellant’s Brief, at 23. Quiles asserts this

instruction was required because E.Q. delayed reporting the assault for

months. See id., at 24. We disagree.

Our scope and standard of review regarding the failure to provide a

specific jury instruction is as follows:

When considering a trial court’s failure to give a requested jury

instruction, the relevant inquiry for this Court is whether such

charge was warranted by the evidence in the case. Moreover, our

scope of review is to determine whether the trial court committed

a clear abuse of discretion or an error of law which controlled the

outcome of the case.

If we find that the court should have included the

instruction, then we must determine whether its

omission prejudiced the defendant. If we determine

the decision not to give an instruction was an error of

law which might have prejudiced the defendant, then

we must determine the error was not harmless before

granting a new trial.

Commonwealth v. Dula, 262 A.3d 609, 635-36 (Pa. Super. 2021) (quotation

marks, brackets, and citations omitted).

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The specific instruction Quiles requested is Pennsylvania Suggested

Standard Criminal Jury Instruction 4.13A, which provided 3:

1. Before you may find the defendant guilty of the crime charged

in this case, you must be convinced beyond a reasonable doubt

that the act charged did in fact occur and that it occurred without

[name of victim]’s consent.

2. The evidence of [name of victim]’s [failure to complain] [delay

in making a complaint] does not necessarily make [his] [her]

testimony unreliable, but may remove from it the assurance of

reliability accompanying the prompt complaint or outcry that the

victim of a crime such as this would ordinarily be expected to

make. Therefore, the [failure to complain] [delay in making a

complaint] should be considered in evaluating [his] [her]

testimony in deciding whether the act occurred [at all] [with or

without [his] [her] consent].

3. You must not consider [name of victim]’s [failure to make]

[delay in making] a complaint as conclusive evidence that the act

did not occur or that it did occur but with [his] [her] consent.

[Name of victim]’s failure to complain [at all] [promptly] [and the

nature of any explanation for that failure] are factors bearing on

the believability of [his] [her] testimony and must be considered

by you in light of all the evidence in the case.

Pa. SSJI (Crim.) § 4.13A.

This Court has explained:

The premise for the prompt complaint instruction is that a victim

of a sexual assault would reveal at the first available opportunity

that an assault occurred. The instruction permits a jury to call into

question a complainant’s credibility when he or she did not

complain at the first available opportunity. However, there is no

____________________________________________

3 We note that, as of September 2024, the suggested standard criminal jury

instruction 4.13A has been deleted from the Pennsylvania Suggested Standard

Criminal Jury Instructions, and the subcommittee has specifically discouraged

the use of the former instruction. Trial in this case was held in 2022, therefore,

we do not consider its deletion in our review of the trial court’s decision not to

provide this instruction to the jury.

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policy in our jurisprudence that the instruction be given in every

case.

The propriety of a prompt complaint instruction is determined on

a case-by-case basis pursuant to a subjective standard based

upon the age and condition of the victim. For instance, where an

assault is of such a nature that the minor victim may not have

appreciated the offensive nature of the conduct, the lack of a

prompt complaint would not necessarily justify an inference of

fabrication.

Commonwealth v. Sandusky, 77 A.3d 663, 667 (Pa. Super. 2013)

(citations, quotation marks, and brackets omitted).

“Furthermore, in cases where the victim is a child, [our Supreme] Court

commented on the importance of questioning whether the immaturity of the

child occasioned the delay as opposed to a design to deceive.”

Commonwealth v. Dillon, 925 A.2d 131, 138 (Pa. 2007) (citation and

internal quotation marks omitted). “This is especially true where the

perpetrator is one with authority or custodial control over the victim.”

Commonwealth v. Thomas, 904 A.2d 964, 970 (Pa. Super. 2006) (citation

omitted). Notably, “in a case such as this, where some evidence favored a

prompt complaint instruction and some did not, it fell within the trial court’s

discretion to deny this instruction.” Commonwealth v. Williams, 274 A.3d

722, 737 (Pa. Super. 2022).

The trial court explained its reasoning for not instructing the jury

pursuant to section 4.13A:

In the present case, there was a delay in reporting the incident of

approximately 4-5 months. At the time in question, E.Q. was 7

years old. The perpetrator of the offense was his father. [] Quiles

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used corporal punishment in relation to the sexual offense in

question, and he also more routinely used corporal punishment to

enforce E.Q.’s compliance with household rules. E.Q. also

explained that he was afraid to report the incident because he was

afraid that his foster mother would see him with disgust and that

he would be taken away from his foster home. Based on all of the

above, the evidence supported the [trial court’s] determination

that E.Q. did not understand the offensive nature of the conduct,

and, therefore, the prompt complaint instruction was not

appropriate.

Even if the [trial court’s] failure to give the prompt complaint

instruction was an error, it was harmless. The [trial court] still

instructed the jury on the considerations for evaluating credibility

of witnesses generally. Section 4.17 of the Pennsylvania

Suggested Standard Criminal Jury Instructions can provide the

factfinder with the sufficient framework to question the victim’s

credibility. The general credibility of witness instruction addresses

any possible biases, prejudices, and motives of the complainant.

Lastly, the [trial court] did not limit [d]efense’s ability to elicit

testimony about the delayed report during trial, nor did the [trial

court] limit [d]efense’s ability to argue those facts to the jury. In

closing arguments, [d]efense argued that the delayed report

evidenced that E.Q. was lying about the sexual offense. Thus, the

[d]efense was not prejudiced by the lack of the prompt

complain[t] instruction.

Trial Court Opinion, 10/10/23, at 10-11 (record citations and citations

omitted).

Just as in Williams, there was some evidence that favored a prompt

complaint instruction and some that did not. See Williams, 274 A.3d at 737.

The trial court’s analysis contains no legal error and is logically explained;

consequently, we again find no abuse of discretion in its analysis. Quiles has

failed to convince us he was prejudiced by the lack of a prompt complaint

instruction. Therefore, this claim does not merit relief.

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Finally, Quiles argues SORNA is facially unconstitutional and therefore

he should not be required to register as a sex offender. See Appellant’s Brief,

at 28-41. As our Supreme Court held SORNA is constitutional in

Commonwealth v. Torsilieri, 316 A.3d 77 (Pa. 2024), Quiles is not entitled

to relief.

Quiles brief was filed before the decision in Torsilieri, so he did not

have the benefit of our Supreme Court’s analysis. Quiles argues SORNA’s

irrebuttable presumption that all sex offenders are at high risk for reoffending

does not survive scrutiny and SORNA constitutes criminal punishment. See

Appellant’s Brief, at 34. Our Supreme Court in Torsilieri disagreed with both

propositions.

We begin by noting that “[g]enerally, the constitutionality of legislation

is a pure question of law for which the scope of review is plenary, and the

standard of review is de novo.” Torsilieri, 316 A.3d at 86 (citation omitted).

“[L]egislation carries with it a strong presumption of constitutionality, which

will not be overcome unless the legislation is clearly, palpably and plainly in

violation of the Constitution.” Id. (citation and internal quotation marks

omitted).

“Statutes creating irrebuttable presumptions are not per se violative of

the constitution.” Id. at 92 (citation omitted). In Torsilieri, the evidence

defendant presented to defeat this presumption actually supported it. See id.

at 99 (“[R]ather than refuting it, the evidence supports the legislative

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presumption; the evidence validates the statutory underpinnings of

Subchapter H.”) (footnote omitted, emphasis in original). Other than the

evidence presented to the trial court in Torsilieri, Quiles has not provided any

evidence to rebut the presumption that sex offenders reoffend at a higher rate

than individuals convicted of other crimes. See Appellant’s Brief, at 33-34. As

that evidence supported SORNA’s irrebuttable presumption that sex offenders

reoffender more than other offenders, this claim cannot merit relief.

As to the second proposition, Quiles again solely relies on the trial

court’s findings in Torsilieri, which our Supreme Court rejected. See id. at

34-36; Torsilieri, 316 A.3d at 109 (“In our view, weighing the Mendoza-

Martinez[4] factors does not compel the conclusion that Subchapter H is

punitive.”). Our Supreme Court found SORNA does not qualify as criminal

punishment. See Torsilieri, 316 A.3d at 110. As such, we are bound by our

Supreme Court’s decision in Torsilieri and Quiles’ final claim is meritless.

Judgment of sentence affirmed.

Date: 8/4/2025

____________________________________________

4 Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963).

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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