Com. v. Montalvo-Rivera, C.
Com.
Court
Unknown Court
Decided
July 9, 2025
Importance
35%
Practice Areas
Case Summary
J-A11032-25 2025 PA SUPER 139 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : CARLOS MONTALVO-RIVERA : : Appellant : No. 977 MDA 2023 Appeal from the Judgment of Sentence Entered June 21, 2023 In the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0000756-2020 BEFORE: MURRAY, J., KING, J., and STEVENS, P.J.E.* OPINION BY STEVENS, P.J.E.: FILED: JULY 9, 2025 Appellant, Carlos Montalvo-Rivera, appeals from the judgment of sentence entered June 21, 2023, by the Lancaster County Court of Common Pleas following trial by jury and subsequent conviction. After careful review, we affirm. On February 24, 2020, by filing of a Criminal Information Appellant was charged with: one count Criminal Homicide1; one count Arson with danger of death or bodily injury2; three counts of Criminal Attempt – Criminal Homicide3; and one count of Causing a Catastrophe4. The matter proceeded to trial by jury on March 20, 2023. Appellant was convicted on April 6, 2023, of Murder ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 18 Pa.C.S.A. § 2501(A) 2 18 Pa.C.S.A. § 3301(A) 3 18 Pa.C.S.A. §901, §2501 4 18 Pa.C.S.A. §3302(A) J-A11032-25 in the First Degree, found guilty on all remaining counts, and subsequently was sentenced to life in prison for First Degree Murder, plus twenty to forty years’ incarceration. He timely filed his notice of appeal on July 7, 2023. At trial, the jury found that the Commonwealth proved beyond a reasonable doubt that in the early morning hours of December 6, 2010, Appellant set fire to his residence, one of a row of attached homes located at 14 North Plum Street, Lancaster Pennsylvania, with his wife and three children inside. This fire resulted in serious bodily injury to his two daughters, and the death of his wife Olga Sanchez. N.T. at 261. The Commonwealth proceeded on the theory that these events were the culmination of an escalating pattern of abusive and threatening behavior from Appellant directed towards his wife, Ms. Sanchez, and in support thereof, adduced testimony from several witnesses establishing that Appellant had previously threatened to kill Ms. Sanchez. The victim’s older brother, Julian Sanchez, testified that on one occasion he heard Appellant tell the victim “he was going to kill her like a bitch.” N.T. at 1037. The victim’s sister, Dolores Ojeda, testified that on a separate occasion, the Appellant confirmed to her that he had threatened to kill the victim “like a dog.” N.T. at 1291-1292. A third witness, the victim’s close personal friend, Rosaura Reyes, confirmed that she had been confronted by Appellant about yet another past death threat he made towards the victim, wherein Appellant pointed a gun at her. N.T. at 1263. Ms. Reyes confirmed that the victim had told her about this incident -2- J-A11032-25 prior to her death; in response to this, Appellant denied that the incident had ever occurred, and said “unfortunately Olga [is] dead and she was the only one who could say otherwise.” Id. Ms. Reyes also confirmed that the victim had been having an affair with another man. N.T. 1258. After the fire, the victim’s body was found on her back, on the floor in her bedroom near where the fire had originated. The forensic medical examiner, Dr. Wayne Ross, observed the body at the scene and subsequently performed the autopsy. He noted that Ms. Sanchez’ tongue was protruding from her mouth and dented with teeth marks, and he found that she had suffered a brain herniation, which, taken together, indicated pre-mortem strangulation resulting in a loss of consciousness. N.T. 1415-1419. Further, the doctor found isopropyl alcohol, an accelerant, in the victim’s lungs, indicating that the accelerant was poured down her throat. Id. The doctor also found soot in the victim’s airway. Id. at 1417-1418. Blood testing revealed that the victim’s carbon monoxide level was elevated, but still relatively low at 9.5%, which indicated to the doctor that the victim was alive when she fire was set, as she had inhaled some smoke, but died almost immediately thereafter. Id. At the scene, Dr. Ross completed a “sex kit;” in so doing he took swabs of the victim’s oral, vaginal, and rectal regions. Id. at 1413. Subsequent testing of those samples showed the presence of sperm in the vaginal swabs, and semen, but no sperm, in th
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J-A11032-25
2025 PA SUPER 139
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : CARLOS MONTALVO-RIVERA : : Appellant : No. 977 MDA 2023
Appeal from the Judgment of Sentence Entered June 21, 2023
In the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0000756-2020
BEFORE: MURRAY, J., KING, J., and STEVENS, P.J.E.*
OPINION BY STEVENS, P.J.E.: FILED: JULY 9, 2025
Appellant, Carlos Montalvo-Rivera, appeals from the judgment of sentence
entered June 21, 2023, by the Lancaster County Court of Common Pleas
following trial by jury and subsequent conviction. After careful review, we
affirm.
On February 24, 2020, by filing of a Criminal Information Appellant was
charged with: one count Criminal Homicide1; one count Arson with danger of
death or bodily injury2; three counts of Criminal Attempt – Criminal Homicide3;
and one count of Causing a Catastrophe4. The matter proceeded to trial by
jury on March 20, 2023. Appellant was convicted on April 6, 2023, of Murder
- Former Justice specially assigned to the Superior Court. 1 18 Pa.C.S.A. § 2501(A) 2 18 Pa.C.S.A. § 3301(A) 3 18 Pa.C.S.A. §901, §2501 4 18 Pa.C.S.A. §3302(A) J-A11032-25
in the First Degree, found guilty on all remaining counts, and subsequently
was sentenced to life in prison for First Degree Murder, plus twenty to forty
years’ incarceration. He timely filed his notice of appeal on July 7, 2023.
At trial, the jury found that the Commonwealth proved beyond a reasonable
doubt that in the early morning hours of December 6, 2010, Appellant set fire
to his residence, one of a row of attached homes located at 14 North Plum
Street, Lancaster Pennsylvania, with his wife and three children inside. This
fire resulted in serious bodily injury to his two daughters, and the death of his
wife Olga Sanchez. N.T. at 261.
The Commonwealth proceeded on the theory that these events were the
culmination of an escalating pattern of abusive and threatening behavior from
Appellant directed towards his wife, Ms. Sanchez, and in support thereof,
adduced testimony from several witnesses establishing that Appellant had
previously threatened to kill Ms. Sanchez. The victim’s older brother, Julian
Sanchez, testified that on one occasion he heard Appellant tell the victim “he
was going to kill her like a bitch.” N.T. at 1037. The victim’s sister, Dolores
Ojeda, testified that on a separate occasion, the Appellant confirmed to her
that he had threatened to kill the victim “like a dog.” N.T. at 1291-1292. A
third witness, the victim’s close personal friend, Rosaura Reyes, confirmed
that she had been confronted by Appellant about yet another past death threat
he made towards the victim, wherein Appellant pointed a gun at her. N.T. at
-
Ms. Reyes confirmed that the victim had told her about this incident
-2-
J-A11032-25
prior to her death; in response to this, Appellant denied that the incident had
ever occurred, and said “unfortunately Olga [is] dead and she was the only
one who could say otherwise.” Id. Ms. Reyes also confirmed that the victim
had been having an affair with another man. N.T. 1258.
After the fire, the victim’s body was found on her back, on the floor in her
bedroom near where the fire had originated. The forensic medical examiner,
Dr. Wayne Ross, observed the body at the scene and subsequently performed
the autopsy. He noted that Ms. Sanchez’ tongue was protruding from her
mouth and dented with teeth marks, and he found that she had suffered a
brain herniation, which, taken together, indicated pre-mortem strangulation
resulting in a loss of consciousness. N.T. 1415-1419. Further, the doctor found
isopropyl alcohol, an accelerant, in the victim’s lungs, indicating that the
accelerant was poured down her throat. Id. The doctor also found soot in the
victim’s airway. Id. at 1417-1418. Blood testing revealed that the victim’s
carbon monoxide level was elevated, but still relatively low at 9.5%, which
indicated to the doctor that the victim was alive when she fire was set, as she
had inhaled some smoke, but died almost immediately thereafter. Id.
At the scene, Dr. Ross completed a “sex kit;” in so doing he took swabs of
the victim’s oral, vaginal, and rectal regions. Id. at 1413. Subsequent testing
of those samples showed the presence of sperm in the vaginal swabs, and
semen, but no sperm, in th
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