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Conviction upheld in case where man exposed himself to Sharp Shopper employee

By Dan Miller

danmiller@pressandjournal.com

717-944-4628
Posted 10/10/18

Pennsylvania Superior Court has upheld the conviction in Dauphin County Court of a Mount Joy man who allegedly exposed himself to a female employee at the Sharp Shopper grocery store in Lower Swatara …

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Conviction upheld in case where man exposed himself to Sharp Shopper employee

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Pennsylvania Superior Court has upheld the conviction in Dauphin County Court of a Mount Joy man who allegedly exposed himself to a female employee at the Sharp Shopper grocery store in Lower Swatara Township on Jan. 9, 2017.

Randy Hubbard, 58, on Sept. 19, 2017, was sentenced to 18 months probation, a $300 fine and 200 hours of community service after a Dauphin County trial jury convicted him of one count each of indecent exposure and open lewdness.

Hubbard appealed to Superior Court, challenging the “sufficiency of the evidence” supporting the convictions, according to court documents. Hubbard also contended that county court abused its discretion by denying his post-sentence motion challenging the weight of the evidence.

Superior Court upheld the county court conviction in an opinion written by Senior Judge Eugene B. Strassburger III handed down Oct. 2.

According to court documents, the victim could not identify Hubbard as the man who exposed himself to her when Lower Swatara police showed her a photo array. The victim did identify Hubbard as the perpetrator during the county court trial.

In-store video of the incident did not show Hubbard exposing himself, due to the angle at which the video was taken.

However, township Detective Robert Appleby was able to identify Hubbard as the man whom the victim said exposed himself to her, through an investigation that included Appleby getting a search warrant to obtain credit card transactions from a woman who was with Hubbard in the Sharp Shopper at the time.

Once police had this woman’s identity, they were able to find Hubbard and through images on Facebook conclude that he matched the man in the Sharp Shopper surveillance.

While Strassburger in his opinion acknowledged that the conviction was based on “wholly circumstantial evidence,” that was sufficient.

“We conclude that the Commonwealth introduced sufficient evidence to establish (Hubbard’s) identity as the person who committed the crimes of indecent exposure and open lewdness in the store…the trial court did not abuse its discretion,” Strassburger concluded.