Opinion

Com. v. Farley, L.

Court
Superior Court of Pennsylvania
Filed
Oct 7, 2014
Status
Unpublished
Cited by
0 cases
Authority
More cited than 33.3%

The opinion

J-S56006-14

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

LYNDA R. FARLEY

Appellant No. 316 MDA 2014

Appeal from the Judgment of Sentence January 29, 2014

In the Court of Common Pleas of Dauphin County

Criminal Division at No(s): CP-22-SA-0000260-2013

BEFORE: PANELLA, J., WECHT, J., and PLATT, J.*

MEMORANDUM BY PANELLA, J. FILED OCTOBER 07, 2014

Appellant, Lynda R. Farley, appeals from the judgment of sentence

entered January 29, 2014, by the Honorable Bernard L. Coates, Jr., Court of

Common Pleas of Dauphin County. We affirm.

While on routine patrol on June 24, 2013, State Capitol Police Officer

Michael Schmidt observed Farley driving a minivan down a one-way street.

See N.T., Summary Appeal Hearing, 1/27/14 at 4. The windows of the

minivan were completely covered with signs and posters, so that the driver

of the vehicle could not see out of the side or rear windows. See id. at 4, 6.

observed a six to eight inch television screen mounted on the front

____________________________________________

*

Retired Senior Judge assigned to the Superior Court.

J-S56006-14

dashboard of the minivan. See id. at 6. The television screen displayed a

constant live video feed of a trailer connected to the rear of the van. See

id. Farley admitted to Officer Schmidt that she had the monitor installed

because she was not able to see out of the vehicle as the windows were

covered. See id. at 9.

Based on his experience and training, Officer Schmidt opined that the

camera and monitor system were not safe and charged Farley with violating

75 Pa.C.S.A. § 4527, which regulates the use of television equipment in

motor vehicles, and 75 Pa.C.S.A. § 4524(b), restricting obstructions on a

January 27, 2014, Farley was convicted of both charges and fined $25.00 for

each summary offense. This timely appeal followed.

On appeal, Farley raises the following issues for our review.

1. Whether insufficient evidence was presented to support a

conviction of 75 Pa.C.S.A. § 4527, relating to the prohibition

against television type receiving equipment forward of the

2. Whether the evidence presented was insufficient to convict

Appellant of the offense of [75] Pa.C.S.A. § 4524(b) relating

to obstruction on side and rear windows?

3. §

4524(b), relating to obstruction on side and rear windows

violates the equal protection clauses of the United States and

Pennsylvania Constitutions?

We review a challenge to the sufficiency of the evidence as follows.

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J-S56006-14

The standard we apply when reviewing the sufficiency of

the evidence is whether viewing all the evidence admitted at trial

in the light most favorable to the verdict winner, there is

sufficient evidence to enable the fact-finder to find every

element of the crime beyond a reasonable doubt. In applying the

above test, we may not weigh the evidence and substitute our

judgment for the fact-finder. In addition, we note that the facts

and circumstances established by the Commonwealth need not

preclude every possibility of innocence. Any doubts regarding a

-finder unless the

evidence is so weak and inconclusive that as a matter of law no

probability of fact may be drawn from the combined

circumstances. The Commonwealth may sustain its burden of

proving every element of the crime beyond a reasonable doubt

by means of wholly circumstantial evidence. Moreover, in

applying the above test, the entire record must be evaluated and

all evidence actually received must be considered. Finally, the

trier of fact while passing upon the credibility of witnesses and

the weight of the evidence produced is free to believe all, part or

none of the evidence. Furthermore, when reviewing a sufficiency

claim, our Court is required to give the prosecution the benefit of

all reasonable inferences to be drawn from the evidence.

However, the inferences must flow from facts and

circumstances proven in the record, and must be of such volume

and quality as to overcome the presumption of innocence and

The trier of fact cannot base a conviction on conjecture and

speculation and a verdict which is premised on suspicion will fail

even under the limited scrutiny of appellate review.

Commonwealth v. Slocum, 86 A.3d 272, 275-276 (Pa. Super. 2014)

(citation omitted).

Farley first challenges her summary conviction under 75 Pa.C.S.A. §

4527, pertaining to the use of television equipment in motor vehicles.

Section 4527 provides as follows.

(a) General rule.--No motor vehicle operated on a highway

shall be equipped with television-type receiving equipment

forward of the back of the driver's seat or otherwise visible to

the driver.

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(b) Exception.--This section shall not apply to the following:

(1) Television-type receiving equipment in a vehicle used

exclusively for safety or law enforcement purposes as approved

by the Pennsylvania State Police.

(2) Electronic displays used in conjunction with in-vehicle

navigation systems.

75 Pa.C.S.A. § 4527.

-

1

-type receiving

interpretation of the term to be too narrow. The statute contains no

requirement that the television-type equipment be capable of broadcasting

vehicle consisted of a six to eight inch television monitor that broadcast a

constant, live video feed from the rear of the van. We find this device is

sufficient to co -

Farley raises an additional argument regarding the interpretation of an

as used in that subsection is disjunctive and distinguishes what types of

television equipment must be approved by Pennsylvania State Police. Given

this meaning, an exception would lie for either television-type receiving

____________________________________________

1

Notably, Farley does not support this assertion with evidence of record.

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equipment in a vehicle used exclusively for safety or television-type

receiving equipment used for law enforcement purposes as approved by the

Pennsylvania State Police. Farley argues that because her rear view

television set was used for safety purposes, it qualifies as an exception

under section 4527(b)(1), regardless of whether it was approved by state

police.

the Commonwealth, such an interpretation would produce the absurd result

of allowing civilian drivers to install television-type equipment, no matter

how distracting or dangerous, merely under the guise of safety. When

Assembly does not intend a result that is absurd, impossible of execution or

Commonwealth v. Cahill, --- A.3d ---, ---, 2014 WL

2921806 at *3 (Pa. Super., filed June 24, 2014). We find it more reasonable

-

exclusi

to obtain the requisite approval by the Pennsylvania State Police for the rear

camera and television monitor system in her vehicle, we find the exceptions

listed under section 4527(b)(1) to be inapplicable. We therefore find the

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Farley next challenges the sufficiency of the evidence to sustain her

summary conviction under 75 Pa.C.S.A. § 4524(b), relating to obstructions

[n]o person shall drive a motor vehicle with any sign, poster or

other nontransparent material, including ice or snow, upon the

side wings or side or rear windows of the vehicle which

materially obstructs, obscures or impairs the driver's clear view

of the highway or any intersecting highway. The placement of a

registration permit upon the side or rear window of a vehicle

shall not be considered a material obstruction.

75 Pa.C.S.A. § 4524(b). Farley essentially argues that because her vehicle

could be classified as a multipurpose vehicle pursuant to 67 Pa.Code § 41.3,

which are exempt from certain restrictions regarding obstruction of side or

rear windows, her conviction under section 4525(b) was improper. Such an

could

satisfy another classification of vehicle. Farley concedes that her vehicle is

not registered as a multipurpose vehicle. See N.T., Summary Appeal

Id. at 4. This evidence was more than sufficient to support

under 75 Pa.C.S. § 4524(b).

Lastly, Farley contends that her conviction under section 4524(b)

violates the Equal Protection Clause of the United States and Pennsylvania

Constitutions.

protections to equal protection and/or due process, a court must first

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Commonwealth v. Scarborough, 89 A.3d 679, 685-686 (Pa. Super. 2014)

(citation omitted).

In considering whether state legislation violates the Equal

Protection Clause of the Fourteenth Amendment, U.S. Const.,

Amdt. 14, § 1, we apply different levels of scrutiny to different

types of classifications. At a minimum, a statutory classification

must be rationally related to a legitimate governmental purpose.

Classifications based on race or national origin and classifications

affecting fundamental rights are given the most exacting

scrutiny. Between these extremes of rational basis review and

strict scrutiny lies a level of intermediate scrutiny, which

generally has been applied to discriminatory classifications based

on sex or illegitimacy.

Id. at 686 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988)). Rational basis

review is applicable under the Pennsylvania Constitution for laws that restrict

Nixon v.

Commonwealth, 839 A.2d 277, 287 (Pa. 2003).

Section 4524(b) does not implicate a protected class or a fundamental

right. As the purpose of the statue is clearly designed to protect and

promote public safety, our review must be rational basis. Given a rational

basis review, section 4524(b) clearly serves a legitimate state interest in

ensuring drivers of motor vehicles refrain from obscuring a clear view of the

highwa

vans do not have side or rear view windows, here the distinction lies in that

signage so that her view was completely obstructed in violation of section

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4524(b). Section 4524(b) rationally addresses this safety concern. This

argument fails.

Judgment of sentence affirmed. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 10/7/2014

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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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