Com V Burell A
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
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:
v. :
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AYANA BURELL : No. 966 EDA 2024
Appeal from the Order Entered February 21, 2024
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0002464-2022
BEFORE: LAZARUS, P.J., DUBOW, J., and McLAUGHLIN, J.
JUDGMENT ORDER BY LAZARUS, P.J.: FILED JULY 22, 2025
The Commonwealth of Pennsylvania appeals from the order, entered in
the Court of Common Pleas of Philadelphia County, granting extraordinary
relief and vacating Ayana Burell’s judgment of sentence for simple assault.
After review, we vacate and remand for further proceedings.
On August 26, 2022, after a non-jury trial, Burell was found guilty and
convicted of simple assault1 and harassment,2 and sentenced Burell to two
years’ probation for the simple assault conviction. On September 2, 2022,
the trial court sua sponte reconsidered its verdict and entered an order
vacating the simple assault conviction because of insufficient evidence. The
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1 18 Pa.C.S.A. § 2701(a)(1).
2 Id. at § 2709(a)(1).
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trial court then sentenced Burell to, inter alia, 90 days of probation on the
summary harassment conviction.
The Commonwealth appealed from the court’s sua sponte order, arguing
that (1) the trial court could not grant an arrest of judgment without a motion
to do so before it, and (2) the evidence was sufficient to sustain the simple
assault conviction. We agreed, reversed the trial court’s order vacating the
simple assault conviction and judgment of sentence, and remanded for
reinstatement of that conviction and reimposition of the original probationary
sentence. See Commonwealth v. Burell 307 A.3d 654, at *6 (Pa. Super.
2023) (Table).
On remand, the trial court held a hearing on December 20, 2023 where
it reinstated the simple assault conviction but deferred sentencing at the
request of Burell’s counsel. See N.T. Hearing, 12/20/23, at 4-5. On February
21, 2024, Burell’s counsel made an oral motion for extraordinary relief and
arrest of judgment on the charge of simple assault, arguing that there was
insufficient evidence that Burell had the requisite intent to cause bodily injury.
See N.T. Resentencing Hearing, 2/21/24, at 3-4; see also Pa.R.Crim.P. 704.
The trial court granted the motion and again vacated Burell’s simple assault
conviction. Id. at 7.
The Commonwealth timely appealed, and the trial court and the
Commonwealth both complied with Pa.R.A.P. 1925. The Commonwealth
raises the following claim for appeal:
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Did the [trial] court err by failing to comply with this Court’s order
on remand—in particular, by purporting to again rule the evidence
insufficient to prove simple assault and by failing to follow this
Court’s ordered instructions—where the [trial] court’s disposition:
(1) contradicted this Court’s conclusive ruling that under
“the appropriate standard [. . . t]he evidence in the light
most favorable to the Commonwealth [. . .] was sufficient”
to support the conviction of simple assault; and
(2) failed to follow this Court’s order to “reinstate[ . . .] that
conviction and reimpos[e . . .] the probationary sentence”?
Commonwealth’s Brief, at 4 (citations to record omitted).
The Commonwealth argues that the trial court “had no authority to
decline to enforce” our instructions on remand. Id. at 12. Burell agrees,
stating that “the trial court erred by not complying with this Court’s order to
reinstate the verdict of guilt as to simple assault and reimpose sentence on
that charge.” Burell’s Brief, at 1.
We agree. Here, the trial court was without authority to disregard our
order on remand. Pennsylvania Rule of Appellate Procedure 2591(a) provides
that “[o]n remand of the record the court or other government unit below
shall proceed in accordance with the judgment or other order of the
appellate court[.]” (emphasis added). “[T]he trial court must comply
strictly with this Court’s mandate and has no power to modify, alter, amend,
set aside, or in any measure disturb or depart from this Court’s decision as to
any matter decided on appeal.” US Bank Nat’l Ass’n as Trustee of NRZ
Inventory Trust v. Gardner, 326 A.3d 113, 119 (Pa. Super. 2024) (citation
omitted). Thus, the trial court erred when it failed to abide by our prior order
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and impose the original sentence for simple assault. Accordingly, upon
remand, we once again direct the trial court to reinstate Burell’s conviction
and judgment of sentence for simple assault.
Order vacated. Case remanded for compliance with this Court’s October
11, 2023 order. Jurisdiction relinquished.
Date: 7/22/2025
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