Drifting man’s assault conviction, sentence upheld
A Clearfield County man, charged with the simple assault of a woman, contended in a petition to Pennsylvania Superior Court that his charges should have been dismissed because he was not tried within 365 days of the filing of the original criminal complaint in his case.
A panel of the Superior Court that included Judges Judith F. Olson, Mary P. Murray and John T. Bender disagreed and on
Sept. 20 upheld the conviction and sentence imposed on Matthew Ryan White, 23, of Drifting in Clearfield County.
White, on Aug. 14, 2023, received a sentence of 75 days to six months in confinement, to be followed by 18 months' probation on the simple assault charge. He was also found guilty of harassment.
Clearfield County Judge Fredric J. Ammerman, who presided over the White case, also fined White $200.
The defendant was ordered to have no contact with the victim or her family, and according to the Superior Court, was to complete an anger management program and was to relinquish his firearms and firearm licenses.
White's challenge, filed by his appeals attorney, Karen Elizabeth Kuebler of Bellefonte, was not to the jury's verdicts but to the fact that his trial occurred more than 365 days after the original charges were filed.
The defense contended the prosecution failed to use "due diligence" in bringing the case to trial.
Pennsylvania Court Rule 600 requires that defendants be brought to trial within 365 days after charges are filed.
In White's case, the offenses for which he was charged occurred on March 21, 2021.
State police filed multiple charges on March 29, 2022, that included simple assault-attempt to cause bodily harm and harassment.
On Feb. 6, 2023, for reasons unexplained by the Superior Court, a revised criminal information was filed restating the charges.
A jury on May 2, 2023, found White guilty of simple assault which caused bodily injury but not guilty of simple assault – attempt to cause bodily injury, terroristic threats and harassment by communicating lewd, lascivious, threatening or obscene words.
The judge on May 2 also found him guilty of a lesser charge of harassment.
The Superior Court reported White was sentenced on Aug. 14, 2023.
Following the August hearing, the defense sought a lesser sentence and on Oct. 10, 2023, the sentence was modified to 75 days to six months.
Although the case was not tried within the 365-day limit imposed by Rule 600, the Superior Court dismissed White's complaint because it raised the due diligence issue for the first time on appeal.
The issue had never been presented to the trial judge.
The panel emphasized that "issues not raised in the trial court are waived and cannot be raised for the first time on appeal."
The panel clarified, raising the question in an appeal brief does not revive an issue that has been waived.
In summary, the Superior Court panel stated White failed to file his Rule 600 complaint before his trial began.
"As such, (White) waived his Rule 600 claim for failure to raise the claim before the trial court.
Consequently, he may not now raise it for the first time on appeal," the appeals court ruling concluded.
