Com. v. Boyd, Z.

CourtSuperior Court of Pennsylvania
DecidedNovember 22, 2024
Docket994 WDA 2023
StatusUnpublished

This text of Com. v. Boyd, Z. (Com. v. Boyd, Z.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Boyd, Z., (Pa. Ct. App. 2024).

Opinion

J-A26012-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ZERRIUS KEYTWAUN BOYD : : Appellant : No. 994 WDA 2023

Appeal from the Judgment of Sentence Entered February 27, 2023 In the Court of Common Pleas of Venango County Criminal Division at No(s): CP-61-CR-0000618-2021

BEFORE: BOWES, J., BECK, J., and BENDER, P.J.E.

MEMORANDUM BY BOWES, J.: FILED: NOVEMBER 22, 2024

Zerrius Keytwaun Boyd appeals from the aggregate sentence of thirty

to sixty months in prison following his convictions for various drug and

weapon-related offenses. We affirm.

We glean the following background from the certified record. In October

2021, Appellant was under the supervision of the Pennsylvania Board of

Probation and Parole (“PBPP”), specifically agent Deborah Kappeler. During

that month, Agent Kappeler received information that there may be illegal

drugs and weapons at 328 Washington Avenue in Oil City, which was

Appellant’s approved residence for supervision. With the assistance of local

police, she and several other PBPP agents went to the residence to conduct a

home search on October 29, 2021, utilizing a drug sniffing canine. Upon

arrival, they encountered Appellant outside the house and detained him,

seizing keys from his pocket. J-A26012-24

While searching the house, the canine alerted to a safe that was in an

alcove near the mudroom. Using one of the keys from Appellant, the agents

opened the safe and found a handgun, a magazine filled with bullets, brass

knuckles, a tray containing a powdery substance, a razor blade, a scale, a

straw, and an insurance card with Appellant’s name on it, as well as another

locked box. At that point, the agents ceased the search and informed police

of their findings. They also photographed the contents of the safe. Oil City

police then obtained subsequent warrants for the lock box and other items

within the house, ultimately recovering both heroin and cocaine in addition to

the objects listed.

Based on the above, Appellant was charged with two counts each of

possession with intent to deliver and possession of a controlled substance, as

well as one count each of person not to possess a firearm,1 possession of an

offensive weapon, and possession with intent to deliver drug paraphernalia.

The matter had a somewhat tortured procedural history, with Appellant cycling

through attorneys several times and filing multiple pro se motions and

petitions while represented, including no less than seven petitions for habeas

corpus relief or petitions to amend the same. Pertinent here, one of

Appellant’s filings from January 2023 purported to challenge the conditions of

his confinement. The filing was re-docketed to a separate civil case that

____________________________________________

1 This charge was withdrawn by the Commonwealth prior to trial.

-2- J-A26012-24

Appellant filed against Mark Bishop, the warden of the Venango County Jail.2

The record does not reflect that Appellant presented any testimony or

evidence concerning the conditions of his imprisonment at any hearing.

The case was scheduled for trial and proceeded to jury selection in early

January 2023, during which the trial court and counsel conducted the typical

voir dire procedure. At one point, defense counsel asked the potential jurors

if there was any general reason why they did not believe they could sit for

trial. Potential juror 107 raised her hand, and upon request approached

sidebar. There, she discussed how she knew a neighbor that overdosed on

drugs, and she expressly indicated that this experience would prevent her

from being a fair juror. At Appellant’s request, she was excluded from the

pool. Appellant did not thereafter move the court to dismiss any of the

remaining panel members, and a jury was fully selected.

On January 11, 2023, after the jury was empaneled but a week before

trial had begun, Appellant filed his second motion to proceed pro se.3 In the

filing, Appellant asserted that his court-appointed counsel hung up on him

during a call after revealing that there was additional discovery provided by

the Commonwealth. The trial court denied the request, determining that

based on the circumstances and timing, it was made for the purpose of

delaying trial. ____________________________________________

2 As such, the filing is not included with the certified record of the instant case.

3 With regard to the first motion, Appellant subsequently withdrew it at a hearing only six days prior.

-3- J-A26012-24

Thus, a jury trial commenced on January 18, 2023, with Appellant

represented by counsel. Therein, the Commonwealth called several witnesses

who testified in accordance with the above facts. Notably, Appellant testified

in his defense, disputing that he resided at the house in question or that he

was ever approved by the PBPP to live there. In response, the Commonwealth

recalled Agent Kappeler as a rebuttal witness. Through her, it introduced a

document relating to Appellant’s home approval plan as evidence that he lived

there. While Appellant’s counsel initially objected to admission of this

document based upon the need to lay a proper foundation, the Commonwealth

subsequently elicited additional testimony, and the exhibit was thereafter

admitted without objection.

At the conclusion of trial, Appellant was convicted of all charges. He

filed a motion to proceed pro se prior to sentencing, which the trial court

granted on February 16, 2023 after conducting an on-the-record colloquy.

Appellant was later sentenced as indicated hereinabove. Appellant filed a pro

se post-sentence motion and amendment, which the court denied after a

hearing. The court later appointed new counsel for Appellant. Appellant

timely appealed and complied with the court’s order to file a statement of

errors pursuant to Pa.R.A.P. 1925(b).4 The court issued a responsive opinion.

4 In actuality, the procedural history relating to the appeal portion of this case

is significantly more complicated than laid out in the body of this memorandum. Appellant filed three pro se appeals prior to this one. See 251 WDA 2023, 422 WDA 2023, and 910 WDA 2023. Appellant withdrew the first, (Footnote Continued Next Page)

-4- J-A26012-24

Appellant presents four issues for our consideration, which we have

reordered for ease of disposition:

I. Whether the court erred as a matter of law or abused its discretion in failing to reinstate his pretrial rights after the Commonwealth provided a document on the last day of trial that was not furnished during discovery.

II. Whether the court erred as a matter of law or abused its discretion in permitting a potential juror to taint the entire jury panel, when that potential juror announced in front of the entire jury panel that [Appellant] caused an overdose.

III. Whether the court erred as a matter of law or abused its discretion in prevent[ing Appellant] from participating and aiding in his case pursuant to his rights under the United States Constitution and the Pennsylvania Constitution as [Appellant] was placed in solitary confinement for [eleven] months awaiting trial.

IV. Whether the court erred as a matter of law or abused its discretion when the court prevented . . . [A]ppellant to

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Bluebook (online)
Com. v. Boyd, Z., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-boyd-z-pasuperct-2024.