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J.S58009/10 2010 PA Super 198 COMMONWEALTH OF PENNSYLVANIA, Appellee v. JOSEPH CRAIG ECKROTE, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA

No. 1118 MDA 2009

Appeal from the Judgment of Sentence entered May 21, 2009 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0002332-2008, CP-40-CR-0002328-2008 BEFORE: PANELLA, OTT and COLVILLE*, JJ. Filed: October 29, 2010

OPINION BY PANELLA, J.:

Appellant, Joseph Craig Eckrote, appeals from the judgment of sentence entered on May 21, 2009, by the Honorable Joseph M. Augello, Court of Common Pleas of Luzerne County. After careful review, we affirm. The record in the case sub judice reveals that on May 17, 2008, a final protection from abuse (PFA) order was in effect when C.B., the victim, arrived home from work at approximately 9:00 a.m. Unbeknownst to C.B., Eckrote was hiding under the deck. As soon as C.B. shut the gate door, he charged "at [her] like a football player" demanding that C.B. "get in the f-ing car," after which C.B. yelled "no I'm not going with you." See N.T. Trial, 1/6/09, at 45-46. According to C.B., Eckrote wrapped both of his arms around her body and grabbed the keys to her vehicle out of her hands. Id. at 46. Eckrote then escorted C.B. over to the vehicle and rammed her into

*Retired Senior Judge assigned to the Superior Court.

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the driver's side of the vehicle while C.B. yelled and beeped the horn with her elbow. Id. at 46-47. C.B. unsuccessfully attempted to stab Eckrote with a knife she kept in the vehicle for her protection. Id. Eckrote then entered the vehicle, and again proceeded to push C.B. to the point "where [her] feet and legs were just, like, over the console." Id. C.B. recounted that her feet and legs were wedged "where the gas and brake" pedals were located and her "upper body was on the seat of the passenger side." Id. at 47-48. Eckrote then drove C.B. in the vehicle to an undisclosed location in a wooded area. During the ride, Eckrote made several pleas to C.B. to drop the PFA against him, which C.B. declined. Id. at 52. Eckrote repeatedly told C.B. that he was going to kill himself. Id. At some point, the vehicle became stuck in the mud, after which Eckrote told C.B. that "he wanted to have sex" with her. C.B. adamantly responded "no." Id. at 54. Eckrote again stated he was going to kill himself. Id. at 54. Eckrote then ordered C.B. to remove her pants. She reluctantly complied, after which he came over into the

passenger seat, pushed the seat all the way back, and climbed on top of C.B.. Id. at 54-55. According to C.B., Eckrote did not remove his jeans totally; he unzipped them, and proceeded to penetrate her vaginal area with his penis. Id. at 55-56. C.B. tried to push Eckrote away with her hands, however, she was unsuccessful, and he completed the sexual assault. Id. at

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56. Eckrote then instructed C.B. to get out of the vehicle, after which she was able to dial 911 for help. Id. at 57. C.B. was transported to the hospital for a medical examination. As a result of being wedged in the vehicle, C.B. sustained bruises on her legs. Id. at 58. The rape kit conducted at the hospital subsequently revealed the presence of semen in C.B.'s underpants. Id. at 104-105. Additionally, seminal fluid was discovered on the vaginal swabs taken at the hospital. Id. at 106. According to Trooper Gerald Sachney, the medical evidence was consistent with C.B.'s account of what had transpired. Id. at 107. Following a jury trial on January 6, 2009, Eckrote was found guilty of kidnapping, 18 PA.CONS.STAT.ANN.

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