J-A14003-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JOSE ARTURO ESQUIVEL : HERNANDEZ : : No. 425 WDA 2019 Appellant : Appeal from the Judgment of Sentence Entered February 5, 2019 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0007825-2018 BEFORE: SHOGAN, J., McLAUGHLIN, J., and MUSMANNO, J. MEMORANDUM BY SHOGAN, J.: FILED NOVEMBER 25, 2020 Appellant, Jose Arturo Esquivel Hernandez, appeals from the February 5, 2019 judgment of sentence entered in the Allegheny County Court of Common Pleas. We affirm. The trial court summarized the facts of the crime, as follows: With the exception of evidence related to consent, the following facts were uncontested at trial. Victim A.B. is married to Appellant’s brother[,] and they have known each other for roughly fourteen (14) years. . . . [O]n the evening of Saturday, April 21, 2018, Appellant and Christina Sajewski, mother of Appellant’s child, picked up A.B. to go out drinking and dancing at club Insomnia. They stayed until closing and the three (3) of them returned to A.B.’s apartment sometime between 2:00 a.m. and 3:00 a.m. Appellant testified that he consumed “a lot” of tequila and more than ten (10) beers while at the club and was so intoxicated that he passed out at A.B’s apartment. A.B., who was also intoxicated, continued to drink tequila with Christina after they arrived at her apartment, while Appellant was seemingly asleep in a chair at the dining room table. Appellant testified that prior to falling asleep at A.B’s apartment[,] he recalled seeing her J-A14003-20 with two (2) bottles of tequila. Having spent a long night drinking, A.B. told Christina that she was going to bed. Christina was trying to wake Appellant to go home when A.B. headed to her bedroom and changed into pajamas. Neither Appellant or the victim recall any other parts of those early morning hours until they both woke up in A.B.’s bed. It was not until 10:00 a.m., after being awoken by a phone call, that A.B. realized Appellant was asleep in her bed and her pajama pants were off, but her underwear was on. In disbelief, she lifted the bed covers to find that Appellant was naked from the waist down. Reacting to what she was feeling and seeing, A.B. took a few pictures of him, explaining to the jury, “this cannot be true,” “I need to take a couple of pictures.” A.B. left the bed and went into her bathroom, at which time felt pain to her buttocks and discomfort in her vagina as if she had had intercourse. She was in the shower when Appellant told her that Christina was picking him up and he was leaving. A.B. spent the rest of the day crying, feeling bad about what must have happened between her and Appellant. On Monday, April 23, 2018, A.B. confided in a friend who assisted her in reporting the incident ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals