J-A15002-25
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JAY WILLIAM BUTERBAUGH : : Appellant : No. 1554 MDA 2024
Appeal from the Judgment of Sentence Entered September 13, 2024 In the Court of Common Pleas of Berks County Criminal Division at No(s): CP-06-CR-0001154-2024
BEFORE: BOWES, J., STABILE, J., and STEVENS, P.J.E.*
MEMORANDUM BY BOWES, J.: FILED JUNE 04, 2025
Jay William Buterbaugh appeals pro se from the judgment of sentence
of a $500 fine imposed after he was convicted of possession of marijuana. We
dismiss this appeal.
We glean the following background from the certified record. On the
evening of December 28, 2023, Exeter Township Police Officer Jacob Auman
was dispatched to a Sheetz in Berks County on reports that a man in a white
pickup truck appeared to be intoxicated. Officer Auman located the truck in a
nearby parking lot and encountered Appellant pacing back and forth using his
mobile phone. Upon engaging Appellant, the officer found him to be “all over
the place,” speaking rapidly, “waving his arms all around,” and smacking his
____________________________________________
* Former Justice specially assigned to the Superior Court. J-A15002-25
lips. See N.T. Trial, 9/13/24, at 17. Officer Auman asked Appellant if he had
ingested any controlled substances, and he admitted to having consumed a
THC gummy for which he had no prescription or Pennsylvania medical
marijuana card. Appellant provided oral and written consent to search the
truck and advised that there were more gummies in the vehicle. Officer
Auman found a ten-count pack with one gummy remaining, prescribed not to
Appellant but to “somebody from Maryland.” Id. at 28.
Appellant was charged with the misdemeanor offense of possession of
a small amount of marijuana for personal use. He elected to proceed to a
non-jury trial and waive his right to counsel.1 At trial, the Commonwealth
produced Officer Auman to testify to the above facts, along with Erin Luck, a
forensic scientist from the Pennsylvania State Police crime lab, who confirmed
that the gummy recovered from Appellant’s truck contained THC and
marijuana. Id. at 15-20, 37-43.
Appellant testified in his defense, offering a narrative about how he had
been minding his own business, bothering no one, when the police arrived,
barraged him with questions, took his phone when he was trying to show them
where he was going, and trashed his work truck during the search that
produced the gummy that was legally purchased in Maryland. Id. at 49-51.
1 The court conducted a colloquy to confirm that Appellant’s waiver was knowing and voluntary, and ordered that his public defender remain at trial as standby counsel.
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Appellant concluded his testimony as follows: “I mean, is it illegal? I mean,
West Virginia, Maryland, and the other three states have recreational cannabis
legal. And there has been people died of fentanyl that buy cannabis on the
street. So, ah, it just amazes me that it’s that big of a crime down here, so.”2
Id. at 55.
The trial court found Appellant guilty, confirming that possession of a
small amount of marijuana for personal use without a prescription is indeed a
crime in Pennsylvania. Appellant proceeded immediately to sentencing at
which the court imposed a fine of $500 and advised him of his post-sentence
and appeal rights. Appellant did not file a motion for post-sentence relief but
filed this timely appeal.3
2 When, on cross-examination, the Commonwealth asked how Appellant could
have legally purchased the gummies prescribed to someone else, he answered: “I said it was legally bought. And anybody can go to Maryland and buy it. It’s recreational. You can get it. As long as you are under (sic) [twenty-one] and have IDs, you can get it.” N.T. Trial, 9/13/24, at 56.
3 The trial court ordered Appellant to file a statement of matters complained
of on appeal in accordance with Pa.R.A.P. 1925(b). Appellant filed no statement. In its Rule 1925(a) opinion, the trial court opined that Appellant thereby waived all of his appellate issues. However, our review of the certified record reveals that the docket noted service of the court’s Rule 1925(b) order to the Commonwealth and Appellant’s standby counsel, but not to Appellant, who was proceeding pro se at that point. Therefore, even if the order was in fact served upon Appellant, the waiver provision of Rule 1925(b)(4)(vii) is inapplicable. See In re L.M., 923 A.2d 505, 509 (Pa.Super. 2007) (indicating actual receipt of notice does not cure lack of proper docket notation); Commonwealth v. Hart, 911 A.2d 939, 940–41 (Pa.Super. 2006) (holding there was no Rule 1925(b) waiver where the docket noted service upon the defendant’s former counsel but not upon the pro se defendant).
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In this Court, Appellant, continuing to represent himself, filed a brief in
which he purports to present two questions for our consideration: (1)
“Whether the trial court erred in [j]urisdiction[;]” and (2) “Whether the
evidence was collected in a legal manner and sufficient to support a guilty
verdict?” Appellant’s brief at 7. However, he offers the following statement
of the scope and standard of review for those questions:
1. Finding new evidence, the illegal substance found was in a shared work vehicle, had a prescription label, and was written in another employee’s name. Officer Jacob Auman testified to this as well as the lab expert, Erin Luck.
2. Finding new evidence, the 911 caller witnessed the police assaulting me and violating my civil rights.
3. Officer Jacob Auman testified under oath he never took my phone or dishonored me, which is false.
4. Of the four officers and two police cars, Officer Jacob Auman testified that not a single camera was working, per transcripts: page 30, lines 18-21.
Id. at 6.
Appellant’s summary of the argument does not shed light on what issues
he is raising, providing, in toto: “Having no jurisdiction, officers involved
committed several civil rights violations. Their actions directly caused injuries,
loss of wages for over a year, and tens of thousands of dollars in medical
bills.”4 Id. at 8. While in the argument section of the brief Appellant provides
4 We assume this relates to Appellant’s testimony that, after the conclusion of
his police interaction, he tripped in the parking lot on his untied shoelaces and “ripped [his] ACL and LCL plain off.” N.T. Trial, 9/13/24, at 52.
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citation to legal authorities, they relate mainly to federal criminal and civil
rights statutes that have no bearing on his conviction or sentence for his
admitted possession in Pennsylvania of a controlled substance for which he
lacked a valid prescription. Id. at 9-10 n. 2-4. His challenge to jurisdiction is
supported by a quote from a 1796 North Carolina decision. Id. at 9 n.1
(quoting Cruden’s Ex’rs v. Neale, 2 N.C. 338, 338–39 (N.C. Super. L. & Eq.
1796) (“[Man] is not bound by any institutions formed by his fellow-men
without his consent.”)).
Appellant complains about Officer Auman supposedly taking his phone
without permission, but did not file a suppression motion and does not explain
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J-A15002-25
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JAY WILLIAM BUTERBAUGH : : Appellant : No. 1554 MDA 2024
Appeal from the Judgment of Sentence Entered September 13, 2024 In the Court of Common Pleas of Berks County Criminal Division at No(s): CP-06-CR-0001154-2024
BEFORE: BOWES, J., STABILE, J., and STEVENS, P.J.E.*
MEMORANDUM BY BOWES, J.: FILED JUNE 04, 2025
Jay William Buterbaugh appeals pro se from the judgment of sentence
of a $500 fine imposed after he was convicted of possession of marijuana. We
dismiss this appeal.
We glean the following background from the certified record. On the
evening of December 28, 2023, Exeter Township Police Officer Jacob Auman
was dispatched to a Sheetz in Berks County on reports that a man in a white
pickup truck appeared to be intoxicated. Officer Auman located the truck in a
nearby parking lot and encountered Appellant pacing back and forth using his
mobile phone. Upon engaging Appellant, the officer found him to be “all over
the place,” speaking rapidly, “waving his arms all around,” and smacking his
____________________________________________
* Former Justice specially assigned to the Superior Court. J-A15002-25
lips. See N.T. Trial, 9/13/24, at 17. Officer Auman asked Appellant if he had
ingested any controlled substances, and he admitted to having consumed a
THC gummy for which he had no prescription or Pennsylvania medical
marijuana card. Appellant provided oral and written consent to search the
truck and advised that there were more gummies in the vehicle. Officer
Auman found a ten-count pack with one gummy remaining, prescribed not to
Appellant but to “somebody from Maryland.” Id. at 28.
Appellant was charged with the misdemeanor offense of possession of
a small amount of marijuana for personal use. He elected to proceed to a
non-jury trial and waive his right to counsel.1 At trial, the Commonwealth
produced Officer Auman to testify to the above facts, along with Erin Luck, a
forensic scientist from the Pennsylvania State Police crime lab, who confirmed
that the gummy recovered from Appellant’s truck contained THC and
marijuana. Id. at 15-20, 37-43.
Appellant testified in his defense, offering a narrative about how he had
been minding his own business, bothering no one, when the police arrived,
barraged him with questions, took his phone when he was trying to show them
where he was going, and trashed his work truck during the search that
produced the gummy that was legally purchased in Maryland. Id. at 49-51.
1 The court conducted a colloquy to confirm that Appellant’s waiver was knowing and voluntary, and ordered that his public defender remain at trial as standby counsel.
-2- J-A15002-25
Appellant concluded his testimony as follows: “I mean, is it illegal? I mean,
West Virginia, Maryland, and the other three states have recreational cannabis
legal. And there has been people died of fentanyl that buy cannabis on the
street. So, ah, it just amazes me that it’s that big of a crime down here, so.”2
Id. at 55.
The trial court found Appellant guilty, confirming that possession of a
small amount of marijuana for personal use without a prescription is indeed a
crime in Pennsylvania. Appellant proceeded immediately to sentencing at
which the court imposed a fine of $500 and advised him of his post-sentence
and appeal rights. Appellant did not file a motion for post-sentence relief but
filed this timely appeal.3
2 When, on cross-examination, the Commonwealth asked how Appellant could
have legally purchased the gummies prescribed to someone else, he answered: “I said it was legally bought. And anybody can go to Maryland and buy it. It’s recreational. You can get it. As long as you are under (sic) [twenty-one] and have IDs, you can get it.” N.T. Trial, 9/13/24, at 56.
3 The trial court ordered Appellant to file a statement of matters complained
of on appeal in accordance with Pa.R.A.P. 1925(b). Appellant filed no statement. In its Rule 1925(a) opinion, the trial court opined that Appellant thereby waived all of his appellate issues. However, our review of the certified record reveals that the docket noted service of the court’s Rule 1925(b) order to the Commonwealth and Appellant’s standby counsel, but not to Appellant, who was proceeding pro se at that point. Therefore, even if the order was in fact served upon Appellant, the waiver provision of Rule 1925(b)(4)(vii) is inapplicable. See In re L.M., 923 A.2d 505, 509 (Pa.Super. 2007) (indicating actual receipt of notice does not cure lack of proper docket notation); Commonwealth v. Hart, 911 A.2d 939, 940–41 (Pa.Super. 2006) (holding there was no Rule 1925(b) waiver where the docket noted service upon the defendant’s former counsel but not upon the pro se defendant).
-3- J-A15002-25
In this Court, Appellant, continuing to represent himself, filed a brief in
which he purports to present two questions for our consideration: (1)
“Whether the trial court erred in [j]urisdiction[;]” and (2) “Whether the
evidence was collected in a legal manner and sufficient to support a guilty
verdict?” Appellant’s brief at 7. However, he offers the following statement
of the scope and standard of review for those questions:
1. Finding new evidence, the illegal substance found was in a shared work vehicle, had a prescription label, and was written in another employee’s name. Officer Jacob Auman testified to this as well as the lab expert, Erin Luck.
2. Finding new evidence, the 911 caller witnessed the police assaulting me and violating my civil rights.
3. Officer Jacob Auman testified under oath he never took my phone or dishonored me, which is false.
4. Of the four officers and two police cars, Officer Jacob Auman testified that not a single camera was working, per transcripts: page 30, lines 18-21.
Id. at 6.
Appellant’s summary of the argument does not shed light on what issues
he is raising, providing, in toto: “Having no jurisdiction, officers involved
committed several civil rights violations. Their actions directly caused injuries,
loss of wages for over a year, and tens of thousands of dollars in medical
bills.”4 Id. at 8. While in the argument section of the brief Appellant provides
4 We assume this relates to Appellant’s testimony that, after the conclusion of
his police interaction, he tripped in the parking lot on his untied shoelaces and “ripped [his] ACL and LCL plain off.” N.T. Trial, 9/13/24, at 52.
-4- J-A15002-25
citation to legal authorities, they relate mainly to federal criminal and civil
rights statutes that have no bearing on his conviction or sentence for his
admitted possession in Pennsylvania of a controlled substance for which he
lacked a valid prescription. Id. at 9-10 n. 2-4. His challenge to jurisdiction is
supported by a quote from a 1796 North Carolina decision. Id. at 9 n.1
(quoting Cruden’s Ex’rs v. Neale, 2 N.C. 338, 338–39 (N.C. Super. L. & Eq.
1796) (“[Man] is not bound by any institutions formed by his fellow-men
without his consent.”)).
Appellant complains about Officer Auman supposedly taking his phone
without permission, but did not file a suppression motion and does not explain
how the phone related to the recovery of the contraband from his vehicle
pursuant to the consent search that he does not challenge. He suggests that
the evidence was insufficient to prove that he committed a crime, but he fails
to address its elements or discuss why he did not have actual or constructive
possession of the package of gummies, a piece of which he acknowledged
having eaten before the police arrived. He references facts not in evidence
concerning the police encounter and intimates that he is entitled to civil
damages for lost wages as a result of injuries he sustained after the police
left.
At bottom, Appellant’s failure to comply with Pa.R.A.P. 2111(a)(3)
(statement of the scope and standard of review) and Pa.R.A.P. 2119(e)
(statement of place of raising or preservation of issues), or to provide
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coherent, legally-supported challenges to his conviction or sentence, has left
us with no clear indication what issues he is trying to advance, where he
preserved them in the trial court, or what legal authority supports his claims
for relief available on direct appeal from his criminal conviction.
It is well-settled that, “although this Court is willing to construe liberally
materials filed by a pro se litigant, a pro se appellant enjoys no special
benefit.” Commonwealth v. Tchirkow, 160 A.3d 798, 804 (Pa.Super.
2017). “A pro se litigant must comply with the procedural rules set forth in
the Pennsylvania Rules of the Court.” Smithson v. Columbia Gas of
PA/NiSource, 264 A.3d 755, 760 (Pa.Super. 2021) (cleaned up).
Appellant’s noncompliance with the Rules of Appellate Procedure has left
this Court unable to conduct meaningful review. See, e.g., Commonwealth
v. Gilliam, 249 A.3d 257, 271 (Pa.Super. 2021) (“It is not the role of this
Court to develop Appellant’s argument.”); Butler v. Illes, 747 A.2d 943, 944
(Pa.Super. 2000) (“When issues are not properly raised and developed in
briefs, when briefs are wholly inadequate to present specific issues for review,
a court will not consider the merits thereof.” (cleaned up)); Smathers v.
Smathers, 670 A.2d 1159 (Pa.Super. 1996) (disposing of appeal without
reaching its merits where the appellant “failed to clearly identify, let alone
develop, her issues for appeal”). Therefore, we dismiss this appeal without
considering its merits. See Pa.R.A.P. 2101 (“[I]f the defects are in the brief
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or reproduced record of the appellant and are substantial, the appeal or other
matter may be . . . dismissed”).
Appeal dismissed. Oral argument scheduled for June 17, 2025, is
cancelled.
Judgment Entered.
Benjamin D. Kohler, Esq. Prothonotary
Date: 06/04/2025
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