Opinion

Com. v. Brown, J.

Court
Superior Court of Pennsylvania
Filed
Jun 11, 2018
Status
Unpublished
Cited by
0 cases
Authority
More cited than 4.5%

The opinion

J-A15029-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

:

v. :

:

:

JASON LEE BROWN :

:

Appellant : No. 59 MDA 2018

Appeal from the Judgment of Sentence December 11, 2017

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

No(s): CP-54-CR-0000979-2017

BEFORE: PANELLA, J., MURRAY, J., and FORD ELLIOTT, P.J.E.

JUDGMENT ORDER BY MURRAY, J.: FILED JUNE 11, 2018

Jason Lee Brown (Appellant) appeals pro se from the judgment of

sentence imposed after a jury convicted him of two counts of harassment1 of

his estranged wife,2 and sentenced him to an aggregate 12 months of

probation. Upon review, we dismiss this appeal.

____________________________________________

1 18 Pa.C.S.A. §§ 2709(a)(2) and (7).

2 The trial court explained that Appellant “has followed her, repeatedly

engaged in a course of conduct which serves no legitimate purpose, [and]

communicated lewd threatening words at extremely inconvenient hours all of

which constitute the crime of Harassment.” Trial Court Opinion, 1/9/18, at 3.

The trial court stated that at sentencing, Appellant “complained again about

the Custody situation and asked the Court to dismiss the charges which

request the Court Denied.” Id.

J-A15029-18

In his brief, Appellant has failed to present a cogent legal argument.

Appellant states his issue as follows:

The courts of common pleas of Schuykill County have placed child

custody order’s in our lives, [y]et when [Appellant] tries to[] be

involved with [his wife], in matters of well-being of the child, she

creates a hostile [e]nvironment, and calls the police on

[Appellant], ending in the results of what is brought before the

Superior [] Court. I understand this is not a child custody case,

but it is the foundation [upon which] the charges are fabricated

[u]pon.

Appellant’s Brief at 2. In the succeeding five pages, Appellant sets forth a

rambling discourse detailing his relationship with his estranged wife and the

couple’s conflicts concerning their minor child. Appellant fails to engage in

any legal analysis and his brief contains no citation to legal authority. The

final page of Appellant’s brief contains a “Summary of the Argument” which

reads:

I had no intent to [h]arass, annoy, cause alarm, or distress [my

wife], nor did I follow her with intent to[] do what they are trying

to[] make me out to look like. . . . [My daughter] gets used as a

p[aw]n against me, I stated that in a[n] earlier trial for custody.

. . . The custody order states we can make other arrangements

between ourselves, and that we are supposed [to] discuss matters

of the child directly. This is all just part of them trying to[]

diminish our relationship, and det[e]r us from having a healthy

relationship.

Id. at 8.

In sum, Appellant’s brief is simply a personal narrative which fails to

conform to the requirements of the Pennsylvania Rules of Appellate Procedure.

See Pa.R.A.P. 2101, 2111, 2118, 2119. Although Appellant is pro se, his

status does not relieve him of his duty to properly raise and develop an

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J-A15029-18

appealable claim. Smathers v. Smathers, 670 A.2d 1159, 1160 (Pa. Super.

1996). This Court has stated:

[A]ppellate briefs and reproduced records must materially

conform to the requirements of the Pennsylvania Rules of

Appellate Procedure. This Court may quash or dismiss an appeal

if the appellant fails to conform to the requirements set forth in

the Pennsylvania Rules of Appellate Procedure. Although this

Court is willing to liberally construe materials filed by a pro se

litigant, pro se status confers no special benefit upon the

appellant. To the contrary, any person choosing to represent

himself in a legal proceeding must, to a reasonable extent,

assume that his lack of expertise and legal training will be his

undoing.

In re Ullman, 995 A.2d 1207, 1211-1212 (Pa. Super. 2010) (citations

omitted), appeal denied, 20 A.3d 489 (Pa. 2011). Based on the foregoing,

we dismiss Appellant’s appeal.

Appeal dismissed. Case stricken from the June 20, 2018 argument list.

Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 6/11/2018

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J-A15029-18

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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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