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Commonwealth v. Woods

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�1 Appellant, Donald Woods, appeals from the judgment of sentence entered following his conviction of perjury. He argues the evidence does not support his conviction. We affirm.

�2 On July 27, 1998 appellant testified at a contempt hearing for failing to make child support payments. Appellant had claimed that he was unable to make child support payments because he is disabled. Appellant was questioned regarding his ability to walk and lift, as well as his income and the last time he worked or held employment. During that hearing appellant was asked by defense counsel, “Are you able to walk?” Appellant responded “about ten, fifteen feet, depending on what kind of day I’m having.” During cross-examination, counsel inquired if appellant had “the ability to walk.” Appellant replied, “Yes. I use a walker at times, and I can walk ten to fifteen feet. Sometimes even further. Depending on how my legs are. There is days I wake up and my back is black and blue.” Appellant was also asked, “Do you have the ability to lift anything?” He answered, “No. Not anything more than ten or fifteen pounds at the most.” With respect to working appellant was asked, “when did you last work?” He replied, “June of last year.” Counsel further inquired, ” I believe you said the last time you were employed was in May or June of last year,” to which appellant responded, “ yeah.” During the support hearing, appellant’s attorney asked him, “How much do you get from social security every month?” Appellant answered, “$115.00 a month.” Appellant’s attorney then asked, “is that your only income,” to which appellant responded, “yes.” Later, counsel again inquired, “Do you have any other source of income other than the $115.00 a month?” Appellant testified, “just Monica living there, she pays most of the bills.”*fn1

�3 Following the July 1998 hearing, appellant was charged with one count of perjury. A jury trial commenced on February 1, 2000, after which appellant was convicted. On February 8, 2000, the trial court sentenced appellant to a term of incarceration of twelve months to seven years. Following the denial of appellant’s post-trial motion, this appeal followed.

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