Com. v. Petroski, S.
Opinion
J-S48036-24
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA :
v. :
: :
STANLEY PETROSKI :
:
Appellant : No. 2765 EDA 2023
Appeal from the Judgment of Sentence Entered August 15, 2023 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0001402-2022
BEFORE: STABILE, J., NICHOLS, J., and BENDER, P.J.E.
MEMORANDUM BY BENDER, P.J.E.: FILED MARCH 6, 2025
Appellant, Stanley Petroski, appeals from the judgment of sentence of
18 to 36 months’ incarceration and $2,866 in restitution, imposed after a jury
convicted him of various offenses, including theft by unlawful taking,
conspiracy to commit theft by unlawful taking, and receiving stolen property.
On appeal, Appellant challenges the trial court’s denial of his pretrial motion
to suppress, the court’s failure to grant a mistrial when allegedly inadmissible
and prejudicial testimony was offered at trial, and the discretionary aspects of
his sentence. After careful review, we affirm.
The trial court set forth a detailed summary of the facts and procedural
history of this case, which we adopt herein. See Trial Court Opinion (TCO),
6/4/24, at 1-5. We only briefly note that Appellant’s convictions stem from
evidence that he and a cohort stole a “bill-to-bill cash exchange machine,
which breaks larger bills into smaller denominations for use in change
J-S48036-24
machines,” from a laundromat in Bucks County, Pennsylvania. Id. at 1.
Surveillance video from inside the laundromat showed “two individuals …
pulling the machine out of the wall.” Id. Based on still photographs taken
from that video, police created a “wanted poster” and, two days after the
theft, they “responded to a 911 call identifying Appellant at a local Walmart.”
Id. at 2, 3. When Police Officer Michael Owen arrived, he observed Appellant
and compared him to the photographs from the wanted poster, concluding
that Appellant matched those images. Id. at 3, 10. Officer Owen asked
Appellant for identification and, upon discovering that Appellant had an active
warrant for his arrest, he placed Appellant in custody. Id. A subsequent
search of Appellant’s vehicle pursuant to a warrant revealed that not only was
the car stolen, but also “the exchange machine [was] in the back of the
vehicle[,] along with the Adidas hoodie Appellant wore on the night of the
theft, mail addressed to Appellant, and assorted tools.” Id.
After his arrest, Appellant was charged with the above-stated offenses,
as well as criminal mischief and possessing an instrument of crime. Prior to
trial, Appellant filed, inter alia, a pretrial motion to suppress, arguing that
Officer Owen did not possess reasonable suspicion to detain and ultimately
arrest him, as well as a motion “to preclude publication of Officer Owen’s body
camera footage of Appellant’s arrest.” Id. at 4 (footnote omitted). After a
hearing on May 30, 2023, the court denied Appellant’s motion to suppress and
his case proceeded to a jury trial that same day. Ultimately, Appellant was
convicted of the above-stated charges. The court scheduled his sentencing
J-S48036-24
proceeding for July 6, 2023, but Appellant failed to appear. A bench warrant
was issued for his arrest, and he was subsequently taken into custody and
sentenced on August 15, 2023, to the aggregate term set forth supra.
Appellant filed a timely motion for reconsideration of his sentence, which
the trial court denied after a hearing. On October 24, 2023, Appellant filed a
timely notice of appeal. He and the court also complied with Pa.R.A.P. 1925.
Herein, Appellant states the following four issues for our review:
1. Did the [trial] court err by denying [Appellant’s] [m]otion to [s]uppress his arrest when the police officer[’s] alleged reasons for arresting [Appellant] were not supported by reasonable suspicion to believe he had committed a crime[?]
2. Did the [trial] court err by failing to order a mistrial after the jury saw photographs and/or videos of [Appellant] in handcuffs taken from a police officer’s body cam?
3. Did the [trial] court err by failing to adequately cure the Commonwealth’s error in making the jury aware that [Appellant] had been in custody, and by failing to grant a mistrial?
4. Did the [trial] court err in imposing a sentence that is punitive, excessive, and fails to differentiate [Appellant’s] conduct from similarly situated defendants in Bucks County; that fails to consider mitigating evidence, such as [Appellant’s] struggle with addiction and his age; and that fails to consider additional mitigating evidence that would have been presented had [Appellant’s] [m]otion for [r]econsideration of [s]entence been granted?
Appellant’s Brief at 6-7.
In assessing Appellant’s issues, we have reviewed the certified record,
the briefs of the parties, and the applicable law. Additionally, we have
examined the well-reasoned opinion of the Honorable Jeffrey L. Finley of the
Court of Common Pleas of Bucks County. We conclude that Judge Finley’s
J-S48036-24
comprehensive opinion accurately disposes of the issues presented by
Appellant.1 Accordingly, we adopt Judge Finley’s opinion as our own and
affirm Appellant’s judgment of sentence for the reasons set forth therein.
Judgment of sentence affirmed.
____________________________________________
1 This is especially true given the brevity of Appellant’s arguments before this
Court. For instance, in his first issue, Appellant simply argues that Officer Owen lacked reasonable suspicion to detain him because, although the officer testified that he personally observed Appellant and concluded that Appellant matched the images of the thief from the wanted poster, the officer “did not approach [Appellant] immediately[,]” thereby “suggest[ing] that Officer Owen was not as certain as he claimed to be as to the identity of [Appellant] as being the person depicted in the … poster.” Appellant’s Brief at 21. Appellant cites no case law or other legal authority to support that this speculative argument demonstrates the officer lacked reasonable suspicion to detain him for further investigation. Additionally, in Appellant’s second issue, he merely states, without any developed argument, that “a mistrial should have been declared due to the manifest necessity caused by prejudice to [Appellant] created by the jury[’s] viewing images of [Appellant] in handcuffs.” Id. at 23. Appellant’s argument in support of his third issue is likewise sparse. There, he asserts that the trial court should have sua sponte declared a mistrial when a detective made a passing reference to Appellant’s prior incarceration. See id. at 24. In rejecting this claim, Judge Finley relied, inter alia, on the fact that he immediately gave the curative jury instruction that was requested by defense counsel. See TCO at 14. On appeal, Appellant concedes that the curative instruction he asked for was provided, but baldly “contends that the curative instruction was inadequate,” without any further elaboration. Appellant’s Brief at 24. Finally, in Appellant’s fourth issue challenging his sentence, he briefly states that the “court did not adequately consider” factors such as his addiction issues and that “[h]e wants to get his life together so that he can be reunited with his son.” Id. at 20. However, Appellant recognizes that he presented evidence of these circumstances at the sentencing hearing, and he offers no explanation to support his claim that the court did not take them into account in fashioning his sentence. Given the lack of meaningfully developed arguments that Appellant presents to this Court herein, we conclude that Judge Finley’s comprehensive opinion is more than sufficient to demonstrate that no relief is due.
J-S48036-24
Date: 3/6/2025
02/18/2025 12:46
Circulated 02/1802025 12 46 PM
1-7Prr l 7po«
•
IN THE COURT OF COMMON FLEAS PLEAS OF BUCKS COUNTY, PENNSYLVANIA CRIMINAL DIVISION CRIMINAL DIVISION
COMMONWEALTH OF COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA, CP-09-C R-0001402-2022 €P-09-€R-0001402-2022
Free access — add to your briefcase to read the full text and ask questions with AI
J-S48036-24
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA :
v. :
: :
STANLEY PETROSKI :
:
Appellant : No. 2765 EDA 2023
Appeal from the Judgment of Sentence Entered August 15, 2023 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0001402-2022
BEFORE: STABILE, J., NICHOLS, J., and BENDER, P.J.E.
MEMORANDUM BY BENDER, P.J.E.: FILED MARCH 6, 2025
Appellant, Stanley Petroski, appeals from the judgment of sentence of
18 to 36 months’ incarceration and $2,866 in restitution, imposed after a jury
convicted him of various offenses, including theft by unlawful taking,
conspiracy to commit theft by unlawful taking, and receiving stolen property.
On appeal, Appellant challenges the trial court’s denial of his pretrial motion
to suppress, the court’s failure to grant a mistrial when allegedly inadmissible
and prejudicial testimony was offered at trial, and the discretionary aspects of
his sentence. After careful review, we affirm.
The trial court set forth a detailed summary of the facts and procedural
history of this case, which we adopt herein. See Trial Court Opinion (TCO),
6/4/24, at 1-5. We only briefly note that Appellant’s convictions stem from
evidence that he and a cohort stole a “bill-to-bill cash exchange machine,
which breaks larger bills into smaller denominations for use in change
J-S48036-24
machines,” from a laundromat in Bucks County, Pennsylvania. Id. at 1.
Surveillance video from inside the laundromat showed “two individuals …
pulling the machine out of the wall.” Id. Based on still photographs taken
from that video, police created a “wanted poster” and, two days after the
theft, they “responded to a 911 call identifying Appellant at a local Walmart.”
Id. at 2, 3. When Police Officer Michael Owen arrived, he observed Appellant
and compared him to the photographs from the wanted poster, concluding
that Appellant matched those images. Id. at 3, 10. Officer Owen asked
Appellant for identification and, upon discovering that Appellant had an active
warrant for his arrest, he placed Appellant in custody. Id. A subsequent
search of Appellant’s vehicle pursuant to a warrant revealed that not only was
the car stolen, but also “the exchange machine [was] in the back of the
vehicle[,] along with the Adidas hoodie Appellant wore on the night of the
theft, mail addressed to Appellant, and assorted tools.” Id.
After his arrest, Appellant was charged with the above-stated offenses,
as well as criminal mischief and possessing an instrument of crime. Prior to
trial, Appellant filed, inter alia, a pretrial motion to suppress, arguing that
Officer Owen did not possess reasonable suspicion to detain and ultimately
arrest him, as well as a motion “to preclude publication of Officer Owen’s body
camera footage of Appellant’s arrest.” Id. at 4 (footnote omitted). After a
hearing on May 30, 2023, the court denied Appellant’s motion to suppress and
his case proceeded to a jury trial that same day. Ultimately, Appellant was
convicted of the above-stated charges. The court scheduled his sentencing
J-S48036-24
proceeding for July 6, 2023, but Appellant failed to appear. A bench warrant
was issued for his arrest, and he was subsequently taken into custody and
sentenced on August 15, 2023, to the aggregate term set forth supra.
Appellant filed a timely motion for reconsideration of his sentence, which
the trial court denied after a hearing. On October 24, 2023, Appellant filed a
timely notice of appeal. He and the court also complied with Pa.R.A.P. 1925.
Herein, Appellant states the following four issues for our review:
1. Did the [trial] court err by denying [Appellant’s] [m]otion to [s]uppress his arrest when the police officer[’s] alleged reasons for arresting [Appellant] were not supported by reasonable suspicion to believe he had committed a crime[?]
2. Did the [trial] court err by failing to order a mistrial after the jury saw photographs and/or videos of [Appellant] in handcuffs taken from a police officer’s body cam?
3. Did the [trial] court err by failing to adequately cure the Commonwealth’s error in making the jury aware that [Appellant] had been in custody, and by failing to grant a mistrial?
4. Did the [trial] court err in imposing a sentence that is punitive, excessive, and fails to differentiate [Appellant’s] conduct from similarly situated defendants in Bucks County; that fails to consider mitigating evidence, such as [Appellant’s] struggle with addiction and his age; and that fails to consider additional mitigating evidence that would have been presented had [Appellant’s] [m]otion for [r]econsideration of [s]entence been granted?
Appellant’s Brief at 6-7.
In assessing Appellant’s issues, we have reviewed the certified record,
the briefs of the parties, and the applicable law. Additionally, we have
examined the well-reasoned opinion of the Honorable Jeffrey L. Finley of the
Court of Common Pleas of Bucks County. We conclude that Judge Finley’s
J-S48036-24
comprehensive opinion accurately disposes of the issues presented by
Appellant.1 Accordingly, we adopt Judge Finley’s opinion as our own and
affirm Appellant’s judgment of sentence for the reasons set forth therein.
Judgment of sentence affirmed.
____________________________________________
1 This is especially true given the brevity of Appellant’s arguments before this
Court. For instance, in his first issue, Appellant simply argues that Officer Owen lacked reasonable suspicion to detain him because, although the officer testified that he personally observed Appellant and concluded that Appellant matched the images of the thief from the wanted poster, the officer “did not approach [Appellant] immediately[,]” thereby “suggest[ing] that Officer Owen was not as certain as he claimed to be as to the identity of [Appellant] as being the person depicted in the … poster.” Appellant’s Brief at 21. Appellant cites no case law or other legal authority to support that this speculative argument demonstrates the officer lacked reasonable suspicion to detain him for further investigation. Additionally, in Appellant’s second issue, he merely states, without any developed argument, that “a mistrial should have been declared due to the manifest necessity caused by prejudice to [Appellant] created by the jury[’s] viewing images of [Appellant] in handcuffs.” Id. at 23. Appellant’s argument in support of his third issue is likewise sparse. There, he asserts that the trial court should have sua sponte declared a mistrial when a detective made a passing reference to Appellant’s prior incarceration. See id. at 24. In rejecting this claim, Judge Finley relied, inter alia, on the fact that he immediately gave the curative jury instruction that was requested by defense counsel. See TCO at 14. On appeal, Appellant concedes that the curative instruction he asked for was provided, but baldly “contends that the curative instruction was inadequate,” without any further elaboration. Appellant’s Brief at 24. Finally, in Appellant’s fourth issue challenging his sentence, he briefly states that the “court did not adequately consider” factors such as his addiction issues and that “[h]e wants to get his life together so that he can be reunited with his son.” Id. at 20. However, Appellant recognizes that he presented evidence of these circumstances at the sentencing hearing, and he offers no explanation to support his claim that the court did not take them into account in fashioning his sentence. Given the lack of meaningfully developed arguments that Appellant presents to this Court herein, we conclude that Judge Finley’s comprehensive opinion is more than sufficient to demonstrate that no relief is due.
J-S48036-24
Date: 3/6/2025
02/18/2025 12:46
Circulated 02/1802025 12 46 PM
1-7Prr l 7po«
•
IN THE COURT OF COMMON FLEAS PLEAS OF BUCKS COUNTY, PENNSYLVANIA CRIMINAL DIVISION CRIMINAL DIVISION
COMMONWEALTH OF COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA, CP-09-C R-0001402-2022 €P-09-€R-0001402-2022
Appellee Appellee
v, V.
PT l ('".)n Qi.. OPTIONAL
STANLEY PETROSKI, Appellant. Appellant.
OPINION OPINION
Stanley Petroski Stanley Petroski C Appellant") appeals , ("Appellant") appeals to the Superior Court of Pennsylvania from this t
Court's Court's Judgement of Sentence. Ponuant Judgement of Pursuant to Pennsylvania Rule Rule of Appellate Procedure 1925(a),
this Opinion in support this Court files this Opinion support of its its ruling.
ruling. `
1. I. URAL BACKGROUND FACTUAL AND PROCEDURAL
This This case arises from
case arises from the theft af of aabill lo -
- bill exchange
bill-to.-bill exchange machine from aatwenty-four-hour machine from twenty -
four -
hour
coin- self.-
operating self-service
coin-operating service laundromat in Feasterville. County. In the morning hours of Feasterville, Bucks CountN
January 10, January 2022, Srikanth 10, 2022, Srikanth Paidipally, Paidipally, the owner ofFeasterville Laundromat, awoke to aa,phone Feasterville Laundromat. phone
call from one of his employees. N,T.
N,T 5/20/2023, p. 80,
80. The employee
emplo%.ec reported that the laundry's
bill-to-bill bill-to-bill cash exchange exchange -machine,
machine, which breaks larger bills into smaller denominations for use in
the change the machines, had change machines, had been removed rerpoved from the
the wall and was missing. Al../\fter missing. d. Mr.. Paidipally After Mr.
arrived arrived on-scene, he checked the laundry's interior surveillance footage and observed two on-scene,
individuals., later individuals, later identified as Appellant and his friend.
friend, Amber May, pulling the machine out of
the wall wall at
at around 3:00am. Id.
ld. at p. 81;
8l; Commonwealth"s
Commonwealth's Exhibit C-)
C-3.
According According to Amber May's
to Amber testimony, on the night May's testimony, night of the theft.
theft, she and Appellant arrived
at at the laundromat to use its bathroom and otherwise hang the laundromat out." Id, -hang out," Id. at p. 89.
89. After
Aer aawhile, they
t 11 '
t •
the noticed the exchange exchange machine affixed to the wall with with plywood and ultimately decided to steal it.
Id, Id. The twa two had some sonic initial difficulty
difficulty figuring
figuring out how to get it out of the wall, but after some
experimentation, noticed that the plywood experimentation, plywood holding holding the machine in place was secured to the wall
with screws. Id.
ld. at pp. 92-93,
at pp. 92-93. Using
Using a
a drill. Appellant removed the screws on the plywood, plywood, causing
causing
the machine the to come machine to come free ofits free of housing. Id
its housing. Id.
Once the exchange Once exchange machine machine was free,
free, the pair discovered that it was pair discovered was too heavy to too heavy to carry out
out
of the laundry by hand, Id. Atter by hand. After some discussion, they they decided to use one of the spare laundry
carts to help help load the machine into the back of Appellant's Appellant's red Chevy Trailblazer. Id. at pp. 90, 93 93.
can while May backed the SUV up Appellant managed the cart up to to the front door, and
and the tvvo
two made off
$8,000 machine. along with the $8.000 along with the approximately approximately $3,000 in bills contained within. Id. at pp.
pp,
83-85, 83.85, 93-94.
93.94
After foregoing on surveillance After observing the foregoing surveillance footage, footage, Mr. Paidipally
Paidipally called 911 to report report
the theft. Id. at pp.
pp. 80-b 1. The
80-81, The report was
was forwarded to Detective Stephen Brookes Brookes of the Lower
Southampton Southampton Police Police Department,
Department, who was then
then assigned
assigned as
as lead
lead investigator.
investigator. Al.
Id. at
at pp.
pp. 13536..
135.36
investigation, Detective Brookes obtained Mr. Paidipally"s Pursuant to his investigation, Paidipally's surveillance footage footage
and observed observed the the same
same sequence
sequence of
of events.
events. ld.
Id. at
at p.
p. 136.37.
136-37. Afterward, the
the Detective took
took several
several
still still images from from the
the video,
video, later introduced
introduced as through C-14. Id as Commonwealth's Exhibits C-6 through Id.
at p. 137.
17. Using aaselection of these photographs to create a wanted poster, Detective Brookes a wanted
distributed it to the Bucks bucks and Montgomery County investigators investigators and the Southampton Southampton Township
Township
Crime Watch webpage.
webpage. Id.
Id. at
at pp.
pp. 138-39;
138-319; Commonwealth's Exhibit C-15.
C-15. Thereafter, he received received
multiple Crime Watch tips identifying the photographed photographed individuals as well as the vehicle they
were driving.N driving. N.T. 5/30/20.23, p. 140.
T 5/30/2023,p.
On 4nJanuary January 1.2, 2022, at approximately 12, 2022, approximately 7:30pm, Officers k- ichael Owen and Michael and'Steven Steven Ambs
of the Bensalem Township Township Police Department Department responded to a a911 call identifying Appellant at a
a
local Walmart. Id. at pp. local 125-26; Commonwealth's Exhibit C-44.
pp. 125-26; C-44. Oieer Officer Owen
ON ,en located Appellant
using using the Crime Watch wanted poster, poster, pulled
pulled him aside, and secured his identification. Id. at pp.
13-14. After his information returned an active probation probation violation %varrant, Officer Owen placed warrant, Oficer
Appellant into Appellant into custody.
custody. Id. at pp.
pp. 14, 127-28.
127-28. Among the
the items discovered
discovered on Appellant's Appellant's person
person
was aacar key on aaskull keychain. Id. at pp. 128,130.
128, 130.
Detective Brookes was notified of Appellant's Appellant's arrest and
kind responded to the Walmart to
locate the red Trailblazer. Id. at p. lot. Detective Brookes located p. 140. After scouring the parking lot,
vehicle, which was identified gs the vehicle, as stolen. Id.
Id. at pp,
pp. 140-41. The
The vehicle
vchicle was transported to the:
the
Bensalem, impound Bensalem impound lot where Detective Brookes later searched it pursuant to a %varrant. at p warrant. Id. at p.
142. 142. Ultimately, the'Detective Ultimately, the discovered the Detective discovered exchange machine the exchange in the machine in the back
back of
of the
the vehicle
tiehicle along
along
with the Adidas hoodie Appellant Appellant wore
wore on the night of the theft.
theft, mail addressed to Appellant.
Appellant, and
assorted tools. Id. at pp.
pp. 142-44. Detective Brookes photographed these discoveries. which were
later introduced as Comm onwealftt's Exhibits C-18 through 31.
Commonwealth's
The Detective also took DNA samples from the Trailblazer's steering wheel.
wheel, gear shifter
p. 147,
and interior surfaces as well as from the exterior surfaces of the exchange machine. Id. at p, 147.
fingerprints. Id. Later analysis of The Detective also dusted for fingerprints. of the DNA samples identified
Appellant Appellant as a a major
major contributor of the DNA on the steering wheel and gear shifter. N.T.
NT,
pp. 29-30. To conclude his investigation, Detective Brookes retrieved the key 5131/2023, pp. 5/31/2023,
discovered on Appellant's discovered Appellant's person upon person upon arrest and obtained the the vehicle
vehicle owner's permission to to try
try
the key key in the Trailblazer's ignition. at p. 152. The key started the vehicle.
ignition. Id, at vehicle. Id.
Id
•
By the time By the time police police recovered
recovered the exchange machine, the exchange machine, it was was severely damaged and
damaged and
functionally functionally useless. N.T, N.T. 5/30/2023.
5/3012023. pp.
pp. 84-85.
84-85. According to May, after she and Appellant left
the the laundromat, they drove the machine to laundromat. they to aafriend's house in Philadelphia where they used drills,
prybars, prybars, grinders, grinders, and screwdrivers to break it open. Id. at pp. 94.95.
94-95. While these efforts eff6rts were met
with mixed success.
success, the pair
pair was ultimately able to breach portions of the machine and rernove n3achine and remove
at p.
most of the cash within. Id. et to 37.
p. 145; Commonwealth's Exhibits C-32 10
Oil January On January 21, 2022, Appellant was charged, utter Appellant was inter alia, with one one ((I)
1) Count of Theft by
Taking. 1one Unlawful Taking.' one ((1)
1) Count of Conspiracy Commit'T'helt Conspiracy to Commit Theft by Unlawful Taking,' one one (()
1)
Count of of Receiving Property,.3one Receiving Stolen Property,' one ((I)
1) Count of Mischief,' and of Criminal Mischief, one ((D)
and one 1) Count of
Possession of an Instrument of of Crime,'
Crime. On May 8, 2023, Appellant filed an Omnibus Pre-Trial
Motion Motion requesting, among others, requesting, among others, suppression suppression of
of his arrest and
his arrest and all
all evidence
evidence secured
secured thereby,
thereby. A
A
hearing hearing was held on May the Suppression May 18. 2023, where the Suppression Motion was deferred to to. the start
start of trial
on May on 30, 2023.
May 30, 2023. All All other
other defense
defense motions were either motions were either withdrawn or resolved withdrawn or resolved by
by agreement of
agreement of
counsel. counsel
On May On 30, 2023, this May 30, this Court
Court held
held aahearing
hearing in
in advance
advance of
of trial
trial on.
on the remaining pre-trial the remaining
matters, including Appellant's matters, including Suppression Motion Appellant's Suppression Motion and and a
a Motion limine to
Motion in limine to preclude publication
of Officer Owen's body body camera footage
footage of Appellant's arrest.
arrest,b After testimony frorn from Detective
and Officer Owen.
Brookes and Owen. this Court denied this Court denied Appellant's Suppression Motion, Appellant's Suppression finding sufficient Motion, finding sufficient
18 Pa.C.S. $39210a) '18 1 §3921(a). 1 18 Pa.C.S. 8903. 18PC.S. §903. 3 18 Pa.C.S. §3925(x.). 18Pa.CS. $3925(a)
18 Pa.C.S. §3;04(x)(5). '18 $3304a)(5)
18 Pa.C.S. §907(a). 18Pa.C.S. 89070a). Appellant also insists this Court made a Appellant a pre-trial ruling precluding mention of o£ Appellant's incarceration the time police incarceration at the police secured the Trailblazer key from from his effects. See, Concise Statement, Statement, ¶9(13).
9(D). However,
However, neither
neither the
the transcript from
from the
the pre-trial
pre-trial hearing on
on May
May 30, 2023,
30, nor
2023, nOf
the preceeding preceeding record. disclose aaformal ruling on the matter.
basis for basis for Appellant's Appellant's initial stop at initial stop at the Walmart.
Walmart. N.T.
N.T 5/301202 3, p. 28
5/30/2023.p. 28 This Court further This Court further deferred deferred
its ruling ruling on the body camera issue for later in the trial. ki.
Id. at pp. 22.25.
22. 25.
Appellant then Appellant then pr6ceeded ajury proceeded to a jury trial from May May 30-31.
30-31. 2023, where:
where lie wa.s ultimately he was
convicted of the above-referenced charges.
charges. Sentencing , Sentencing was deferred to July 6.
6. 2023.
2023. However,
Appellant Appellant failed appear for sentencing failed to appear sentgncing on that that date.
date. and
and this
this Court issued a
a bench warrant
warrant for
his arrest. Appellant his arrest. Appellant was ultimately ultimately apprehended,
apprehended, and on August 15.
15. 2023, was sentenced to not
less than eighteen less eighteen ((18)
18) to no
no more thirty-six (36)
more than thirty-six (36) months months'' incarceration, with $2,866 $2,866 in
in
restitution restitution to Srikanth .Paidipally.
to Srikanth Paidipally. On August August 16,
16, 2023,
2023, Appellant
Appellant filed a
filed a. Post-Sentence
Post-sentence Motion
Motion for
for
Reconsideration Reconsideration of Sentence. A hearing Sentence. A hearing was
was held,
held, and
and on September 2023. this Count September 27. 2023, Court denied denied
Appellant's Appellant's motion. On October 24, 2023.
2023, Appellant appealed to the Superior Court. This Court
then then directed Appellant Appellant file
file a
a Concise Statement of
Concise Statement of errors Complained of Errors Complained of on
on Appeal
Appeal the
the same day.
same day
However, due to However, to aatransition transition in
in counsel
counsel in
in the
the meantime.
meantime. trial
trial transcripts
transcripts were never
ordered. On On.December
ordered. - December 9, 2023, this 8, 2023, this Court
Court issued
issued its
its initial
initial Opinion that the
Opinion that appeal was the appeal was therefore
therefore
waived. On March 21, 21 j2024,
2024, the Superior
Superior Court issued an Order Order remanding the mater platter to this Court
for for supplemental supplemental proceedings.
proceedings. On March 22, 2024, this Court issued a a second Concise Statement
Order.
I1<. II. CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL
On May 2024, in accordance with Pennsylvania Rule of Appellate Procedure 1925(b)
May 7, 2024, 1925(b)-—
and after an an extension
extension of time
time to do so -— Appellant Appellant filed
filed his Concise Statement Statement of Errors
Errors
Complained. of Complained of on on Appeal, forth, in relevant Appeal, set forth, relevant part, part, verbatim herein:
verbatim herein
A. A. The trial
The trial court
court erred, as a
erred, as amatter
matter of
of law,
law, by denying Defendant's by denying Motion to Defendant's Motion Suppress to Suppress
his arrest which his arrest which was s*pported by was not spported by reasonable suspicion.
suspicion, and therefore in violation of the rights the rights of Defendant under the of Defendant the Fourth Fourth Amendment
Amendment of of the
the United
United States
States Constitution
Constitution and
and
Article 1, Article I, Section 8
8 the Pennsylvania
Pensylvania Constitution. The police officers' alleged reasons for arresting arresting defendant
defendant atthe
the Walmart Store in January.
January, 2022 were not supported by
' I
5
5
! '
reasonable reasonable suspicion to to believe he had committed believe he committed aacrime and accordingly any and all evidence obtained as aaresult evidence result of of his illegal arrest should his illegal should have have been suppressed.
B. B. The trial The erred, as trial court erred, as a matter of a matter of law,
law, by
by not
not properly curing the properly curing the Commonwealth's failure to to conform to to the Court's Pre-Trial Ruling the Court's against mentioning Ruling against mentioning to to the jury jury that
that
Defendant waswas aaprisoner prisoner at the Bucks County Correctional Facility at the time time aa search warrant was warrant was served served by
by the
the Commonwealth
Commonwealth to to obtain car keys obtain car keys to
to aavehicle
vehicle that
that defendant
defendant
driving on
had been allegedly driving on the day the underlying criminal offense occurred. The trial offense occurred. trial decision in this regard violated court's decision violated the defendant'
defendant's s right
right to
to Due Process under the the Fourth Amendment of Amendment the United of the States Constitution United States Constitution and under Article and under Article 1, Section 8 1, Section the
8 the
Pennsylvania Constitution Constitution inasmuch
inasmuch as as the jury was the jury was made awareaware that defendant was in that defendant in custody some point prior to custody at some point prior to the trial and could thereby and could thereby infer defendant infer defendant was guilty of guilty of this
or some or other criminal some other criminal offense offense thereby depriving defendant thereby depriving defendant of of a a fair
fair trial.
trial,
C. C. The The trial court erred,
trial count erred, as
as aamatter of law,
matter of law, by
by failing
failing to
to order
order aa mistrial after the mistrial after the jury jury
saw photographs saw photographs and/or and/or videos
videos ofof the
the defendant
defendant in
in handcuffs taken from handcuffs taken from the the body camera
body camera
of one one of the
the Commonwealth's police witnesses witnesses in
in violation
violation of defendant's
defendant's Due Process
Process
rights rights under the the Fourth Amendment of the Fourth Amendment the United United States
States Constitution
Constitution and
and Article
Article 1,
1, Section
Section
8 8 the the Pennsylvania Pennsylvania Constitution, thereby depriving, Constitution, thereby depriving defendant defendant ofof a fair trial.
a fair trial.
D. D, The trial court erred in imposing imposing a a sentence that, under the circumstances, waswas excessive, unreasonable, and an abuse of discretion. Specifically, Specifically, the trial court violated the discretionary discretionary aspect
aspect of sentencing
sentencing in
in the
the following respects:
following respects:
a) a) The trial
The trial court's sentence is court's sentence is punitive, excessive, and punitive, excessive, fails to and fails differentiate the to differentiate the
defendant's conduct defendant's conduct from similarly situated from similarly situated defendants defendants in
in Bucks county [sic];
Bucks county [sic];
b) b) trial count
The trial court failed to to give
give any
any meaningful.
meaningful consideration to mitigating to mitigating
evidence evidence presented by the presented by the defendant, defendant, including
including his struggle with addiction his struggle and his addiction and his
age.
c) C) The trial
The court erred
trial court by failing erred by failing to
to grant the defendant.
grant the request for defendant. request for reconsideration of
of sentence
sentence which deprived
deprived defendant of
of an
an opportunity
opportunity',to present
to present
additional evidence by way of mitigation additional mitigation that could could have resulted in a
a more lenient
sentence. sentence
III. DISCUSSION
A. Standard of Review
challenge is to this Court's denial of his pre-trial motion for suppression.
Appellant's first challenge suppression.
The Superior The Superior Court's Court's review
review of suppression denials of suppression denials
is limited to determining whether the to determining factual findings the factual findings are supported supported byby the
the record
record
and whether the legal conclusions conclusions drawn
drawn from those correct, [The those facts are conreet. [The Court isj by the is] bound by suppression court's the suppression court's factual factual findings so long findings so as they long as they are supported are supported
by the record .... Where, as here, [an by the record.. Where, as here, appellant] is appealing [an appellant] is appealing the ruling of the of the
suppression court, [the Court] may consider only the evidence of the suppression court, [the Court] may consider only the evidence of the Commonwealth Commonwealth and and so much of of the the evidence
evidence for
for the defense as remainsremains
•
uncontradicted. uncontradicted. [The
[The Court's]
Court's] scope
scope of review of suppression rulings includes suppression rulings includes only the suppression hearing record and excludes evidence elicited at trial.
trial,
Commonwealth v.v. McMahon, 1069,1071 Mc Mahon, 280 A.3d 1069, 1071 ((Pa.
Pa. Super. 2022).
2022)
Appellant's second and Appellant's and third challenges appear third challenges appear to allege error to allege error in this Court's in this C:our"s failure to failure to
declare aamistrial after the jury jury ((I)
1) heard testimony
testimony referencing
referencing appellant's
Appellant s pre-trial
pre-trial incarceration
and (2)
(2) saw photographs of Appellant in handcuffs.' Under Penns , N , nia Rule Pennsylvania mule of Criminal
Procedure Procedure ("Pa.R.Crim.P.") 605, "[i]t is (Pa.R.Crim.P,") 605,[i] is within within aatrial
trial judge's discretion to judge's discretion to declare declare aamistrial
mistrial sua
sponte upon sponte upon the showing showing of
of manifest
manifest necessity."
necessity." Commonwealth v. Kelly. 797 A.2d • Felty, 925.936 4.24 925, 936 ((Pa
Pa.
Super. Super, 2002). Accordingly, "absent an abuse of that discretion.
discretion. [the
[the Superior Court]
Courtl will not
disturb his or her decision." Id.
Id
Finally, Appellant Finally, Appellant challenges challenges his sentence as, among other things. excessive and
insufficiently insufficiently considerate Appellant's mitigating considerate of Appellant's mitigating evidence.
evidence. A
A defendant right to defendant has no absolute right to
appeal when challenging appeal challenging the the discretionary aspects of a a scntence.:iee Commonwealth ti,,.Crump, sentence. See Commomweahh Crump,
A..2d 1280, 1282 995 A.2d 1282 (Pa. A sentence will not be disturbed (Pa. Super. 2021). A disturbed -absent absent aa manifest abuse
of discretion." Commonwealth v. Ed ards, 194 A.3d 625, 637 Edwards, 637 ((Pa.
Pa. Super. 20)8).
2018). To meet this
high high burderi, appellant must establish, burden, "the appellant by reference to the establish, by the record, record, that the sentencing court the sentencing
ignored'or ignored or misapplied misapplied the law, exercised exercised its judgment for reasons of its judgment prejudice, bias or of partiality, prejudice,
ill ill will, or arrived will, or arrived at amanifestly at a manifestly' unreasonable unreasonable decision."
decision." lei.
Id. Alternatively stated, an Alternatively stated. an appeal appeal is
is
permitted if there permitted if is aasubstantial there is substantial question as to question as to whether the sentence whether the sentcnce was appropriate under was appropriate the under the
sentencing sentencing code. See, id code. Ses,
7 Appellant's third challenge Appellant's challenge uses the language uses the language of
of mistrial directly. while the mistrial directly the second challenge alleges only that this Court erred in "not properly alleges only properly curing"
curing testimony regarding;
regarding Appellant's
Appellant's
incarceration. Compare Compare Concise Statement, ¶9($)
9(B) with Id.
id, at $9(C).
TI%Q. Ilowever,
However, as Appellant does not specify not specify what aproper a proper cure to
cur to that testimony
testimony would have been, heen. this Court will interpret the gravamen gravamen of of 9()
¶9(B) to
to raise essentially
essentially the
the same
same claim as 9KC)
claim as I(9(C) -- namely, namely, that
that this Court should
this Count should
likewise likewise have declared a have declared a mistrial.
mistrial.
A A substantial question arises substantial question arises when an an appellant "aplausible appellant sets forth "a plausible argument that the the
sentence violates a sentence violates a provision provision of the sentencing of the sentencing code
code or is contrary to
is contrary to the
the fundamental
fundamental norms
norms of the
sentencing process, sentencing process."
"IId. Sentencing courts
d Sentencing courts determine what favor mitigation what factors favor mitig4tion or or aggravation
of aasentence and have the discretion to sentence accordingly. , see Commonwealth vv. Bowen, 97'5 See 975
A.2d 1120, 1128 A.2d 1120, 1128 ((a.
1'a. Super,
Super. 2009).
2009). Critically,
Critically, so
so long
long as
as the sentencing court cites the relevant relevant
aggravating factors for sentence sentence on
on the
the record
record and those
those factors are
are legitimate,
legitimate, aasentence
sentence will
will not
not
be disturbed. See, be disturbed. , See, id,
id
B. This Thie Court Did
Dad Not Err in Denying Appellant's Motion to Suppress His Arrest Nat Er
Because Because.His
His Stop and Subsequent
Stop and Subsequent Arrest Were Supported Arrest Were Supported by
by Reasonable Suspicion
Reasonable Suspicion
and qnd Probable Cause.
Appellant first Appellant first challenges challenges the
the circumstances
circumstances surrounding his initial stop surrounding his stop by Officer Oflieer Owen
and his subsequent subsequent detention on reasonable detention on reasonable suspicion grounds. Specifically, suspicion grounds. Specifically, he argues that because argues that because
his stop was his stop was not not supported
supported by
by reasonable suspicion, this reasonable suspicion, this Court Court should have granted should have granted his motion to his motion to
suppress suppress his arrest and his arrest and all all evidence
evidence obtained therefrom.
therefrom. As articulated by As articulated the Pennsylvania by the Pennsylvania
Superior Court. Superior Court.
[t]he Founth [t]he Fourth Amendment to the United States Constitution and Article 1, I, Section 8of the Pennsylvania 8of Pennsylvania Constitution protect citizens Constitution protect citizens from.
from `*unreasonable searches "unreasonable searches
and seizures, and seizures, including including those
those entailing
entailing only
only aa brief
brief detention."
detention." Commonwealth
Commorwealth v. v
Strickler, 563 Pa.Pa. 47, 757 A.2d 884, 888 (2000). ,%e also Commonwealth (2000). See Commorwealth v. v» Xforris. 422 Pa.Super. 343, 619 A.2d 709, 711 ((1992). Morris. 1992). '1'o To secure the right of
citizens to be free i'rornfrom such intrusions, courts in. in Pennsylvania require law enforcement officers to demonstrate ascending ascending levels of suspicion, suspicion to justify their interactions with citizens interactions with citizens toto the extent those the extent those interactions interactions compromise
compromise individual.
individual
liberty. See liberty. See (.'orrrmonsveulth Commonwealth ».ix Beasley, 761 A.2d 621, 624 624 (Pa.Super.2000).
(Pa.Super.2000). For
this this purpose, purpose, our our Supreme
Supreme Court
Court has
has defined
defined three forms
forms ofof police-citizen police-citizen
interaction: a a mere encounter, encounter, an investigatory detention, detention, and
and aa custodial
custodial
detention. SSee ee Commorwealth
C.'ommonwealth v. • Bos yell. 554 Pa..
Boswell. Pa. 275,721 721 AN
A.2d 336, 340
340 ((1998).
1998).
Commonwealth •v. Reppert, 814 A.2d 1196.
1196. 1201
1201 (Pa.
(a. Super. 2002).
2002)
differentiating between In differentiating between these forms, aacourt wliether aaseizure of court must determine whether of the
person person has occurred.
occurred. Id. A seizure
Id. A seizure usually results when when "the demeanor and conduct of the police
•
•
would. have communicated to a would areasonable person that he or she was not not free to decline the officer's
request request or otherwise terminate the encounter." ki, Id, at 1201-02.
1201-02. If no
tzo seizure
scixurc has occurred, the
a mere encounter, and no suspicion on the part interaction is a pan of police is necessary. Beasley, 761 A.2d at at 624.
if seizure has occurred, the court must evaluate the coerciveness of the police's However, if
conduct to determine whether it is in investigatory or custodial detention.
detention. Commo»t7•ealth v.
Commonwealth v
Strickler, 757 A.2d 884, 889 88.9 (Pa. 2000).
2000). If the interaction "subjects "sutajects an individual to a astop and a
a
period. period of detention but is not so coercive as to to constitute the functional equivalent of an arrest," it it
is is an investigatory investigatory stop
stop that
that need only
only be supported by
by reasonable and articulable articulable suspicion. M.
suspicion. Id
However, if the the -interaction
interaction serves the functional equivalent equivalent of an arrest, it is a a custodial detention
that..rnust that must be supported by be supported by probabl
probable. cause. Id.
Id
Here, there
there is
is no dispute
dispute th4t
that Officer Owen
Owen subjected
subjected Appellant
Appellant to an investigatory stop investigatory stop on
January 12, January 1.2, 2022'
2022. 8 Accordingly,
Accordingly, the remaining remaining question is whether the the stop was supported
supported by
reasonable reasonable suspicion, suspicion. Considering the evidence Considering the evidence adduced at the adduced at the suppression suppression hearing. this Court hearing. this Court
concludes that there Was stop Appellant and take sufficietxt basis for Officer Owen to step was sufficient t* him into
custody thereafter.
At the suppression hearing, Officer Owen testified that he responded to the Bensalem suppression hearing,
Waim Walmart pursuant to aa911 call reporting the suspects from the Crime Cringe Watch poster were there.
N.T. 5/30/2023, 5/34/2123, p.
p. 12. The call also gave aaphysical description of both suspects. including their
8 DgjriN their initial interaction, Officer Owen pulled Appellant aside and asked During their initial interaction, Officer Owen pulled Appellant aside and asked for his 1D.
ID. N.T
N.T.
5/301.`2423, $/30/2023, p,p. 141 14; Commonwealth's Exhibit CS.7,CS-7. Although Appellant was not yet under arrest, it was was clear that Appellant Appellant was not ' free "free to
to decline the
the officer's request or
or otherwise terminate the terminate the
encounter." Reppert, Reppert, 814 A.2d at A.2d at 1201-02. Accordingly, Appellant was seized, but under circumstances far less coercive than circumstances tlian a a formal arrest.
arrest. Therefore,
Therefore. Appellant was subjected to an investigatory stop. Strickler, 757 A.2d at 889.
sex, race, clothing, and hair color color. Id,
Id.. Commonwealth's Exhibit CS-7, Additionally, Officer Owen Owen.
had had his own own copy of Veatch poster of the Crime Watch pester containing photos photos of the
the suspects taken directly directly frortr
from
the laundromat laundrornat'ss surveillance footage.
footage. Id.
/d. at pp. 8-9, 13.
13
Finally, the Officer testified that based on his personal Finally. personal observations of A.pgellant Appellant at the
time he was stopped, stopped, he concluded that Appellant Appellant matched both the 911 9l description and the Crime
Watch irages images provided provided to him. Id.
Id. at pp.
pp. 13,17-1 S. See, also, Commonwealt 13, 17.-18. Commonwealth's h's Exhibit CS-6. On
balance, this Court agrees that the 911 description, description, Crime Watch photos, O+wen's photos, and Officer Owen's
observational comparisons observational comparisons of of Appellant
Appellant to
to those
those sources provided ample sources provided ample basis basis fora
for a reasonable
reasonable
and articulable suspicion that Appellant was involved in criminal activity.
activity. Accordingly,
Accordingly,
Appellant's Appellant 's stop was proper under the Fourth Amendment.
Amendment
To the extent Appellant Appellant also
also challenges the
the validity
validity of his ensuing arrest, the challenge his ensuing
must likewise be rejected.
rejected. As noted above, custodial detentions (i.e., any' detention (i.e., arrests and any d iention
serving; the functional equivalent serving equivalent to an arrest)
arrest) must be supported supported by
by probable
probable cause. Strickler, 757
A.2d at 889. Probable cause to arrest exists where the circumstances known to the officer are such
that a a man of reasonable caution would be warranted in his belief that the suspect suspect has committed
committing aacrime. C or is committing Commonwealth ommomwealth •v Calabrese, C;aWrese. 184 A.3d 164, 166 166 (Pa. Sum. 2018).
(Pa. Super. 2018),
Here, Here. Appellant was arrested after the the biographical information, information he provided to Officer
Owen returned an active warrant for his arrest due to prior prior probation N.T. 5/30/2023, probation violations NT, p, 5/30/2023,p.
Appellant's identification 14. Because the initial retrieval of Appellant's proper under identification was proper undor the Fourth Fourth
Amendment, Amendment, the the subsequent discovery of subsequent discovery of Appellant's warrant afforded Appellant's warrant Officer Owen afforded Officer Owen the the probable
probable
cause necessary necessary to detain him. Accordingly, Court did not err in denying Appellant's Accordingly, this Count Appellant's
suppression motion, arguments to the contrary should motion. and his arguments should.be dismissed.
C. C. This
This Court
Court Properly Cured Testiniony Testimony lndicating,4ppellant Indicating Appellant Was Incarcerated While White
Chevrolet
Police Searched the Chevrotet Trailblazer.
Appellant's second issue challenges this Court's failure to declare aamistrial mistrial following
following
certain testimony from Detective Stephen Brookes. The declaration of aamistrial
is necessary only when
when "the
"the incident upon which the motion is based is of such aa nature that its unavoidable unavoidabld effect i5 is to to deprive the
the defendant of aa fair trial byby preventing the jury from the jury from weighing and rendering weighing and rendering aatrue tnie verdict.
verdict."C ommonwealth v.v - ComMOP11fealth
Parker, 957 A.2d 319 ( Pa.Super.2008), appeal denied.
A.24 311, 319(Pa.Super.2008), denied. 600 PA.Psi, 755.
755.966 A.2d
966 A.2
571 (2009).
(2009), A
A niistriai
mistrial is inappropriate where cautionary cautionary instructions are sufficient overcorne.arty to overcome any potential prejudice. Id.
Id
Commonwealth v.. Lopez; S7 , Lopez, 57 A.3d 14,83-84 14,83.-84 (Pa. (quoting Commonwealth v. Be4ford, (Pa. Super. 2012) (quoting Bedford, 50 A.3d 707, 712-13 712.13 (Pa Super.: 2012). Stated differently, where an incident prejudices (Pa Super..2012). preiudices the
defendant., mistrial defendant, misWal is pnly if cautionary is appropriate only cautionary instructions are are insufficient
insufficient to
to overcome the
risk risk of that that ;prejudice.
prejudice. Hare,
Here, this Court is satisfied that Court is the curative that the curative instruction it ,gave gave to
to the
the jury
jury
was under the was sufficient under the circumstances,
By way of useful comparison, the Pennsylvania Superior Court reviewed aa virtually virtually
identical claim claim, in the case of Commonwealth v.
• Padilla, 923 A.2d 1189
1189 ((Pa.
Pa. Super. 2007). In that
case, the defendant was charged with having sexual intercourse with with .his
his girlfriend's fifteen-year-
daughter-.
old daughter. Id. at 1191.
Id. 1191, Prior to trial, Prior - for, and secured, aaruling in limine trial, defense counsel moved liar.
precluding any reference to the the defendant's prior incarceratit.m. hf. at 1 incarceration. Ad ruling, 192. Despite this ruling, 1192
-
'
however, the arresting officer testified that the defendant had had"[{apparently..
apparently . , . ,just gotten( out of just got[ten]
I I jail," at the time of his.
his arrest. Id.
Defense counsel immediately imrnediatgly objected and. moved for mistrial at sidebar.
objected and sidebar. Id. The trial court ! was initially inclined to grant the motion, but ultimately relented upon the Commonwealth's suggestion suggestion of a a curative instructiola.
instruction. Id. at 1192-93. The trial court instead denied the motion for
mistrial and advised the jury simply "
jury to simply disregard the remarks made by "disregard ¢
by this witness at this
I t i particular particular time." Id. at 1193, 1193. After further briefing by
11
1
by the morning, the the parties the next morning. the trial court court
reaffirmed its holding reaffirmed its holding that that its
its instruction to tthe
instruction to he jury
jury was sufficient
sufficient to cure any
to cure any prejudice to the prejudice to the
defendant.' N. defendant." A
Beginning Beginning with with its prejudice
prejudice analysis, the
the Superior
Superior Court that the Court quickly concluded that the
inadvertent testimony from the the arresting officer prejudiced the defendant. Of particular relevance to its analysis was the trial.
trial court s initial ruling court's ruling; excluding excluding all references to the defendant's prior
Id, at 1193, The purpose of aamotion in incarceration. Id. in limine, noted the Court, is to ((l) "preclude 1) "'preclude
evidence from ever ever reaching a that may prov¢ a jury that prove to
to be so
so prejudicial
prejudicial that no instruction instruction could
cure cure the the harm to the harm to the defendant[,""
defendant(;]" and
and (2)
(2) provide
provide "counsel with a
"counsel with a basis
basis upon which to
upon which to structure
structure
trial strategy." Id. at 1194 (quoting strategy."ld, (quoting Commonwealth v.
». Noll,
Noll, 662 A.2d 1123, 1125 1125 (Pa.
(Pa. Super.
Super.
1995)), tendency to inculpate 1995)). These facts. and the testimony's tendency crimiinal activity, inculpate the defendant in criminal activity,
rendered the trial court court'ss reversal
reversal of its pre-trial ruling particularly pre-trial ruling particularly prejudicial. Id. at 1193-96.
prejudicial. Id. 1193-95.
Finding the testimony to be prejudicial, the Superior the Superior Court next evaluated ihd sufficiency sufficiency
court'ss instruction, ultimately finding it wanting.
of the trial count wanting. Specifically, the Court Cowt,analyzed
analyzed the
issue as follows, issue as follows;
Based onon our review of the trial trial transcript, we find the circumstances surrounding circumstances surrounding the court's ruling to be troubling troubling and the instruction itself too vague vague to to have cured
the the prejudice.
prejudice. TheThe trial
trial court
court had
had granted
granted Appellant's
Appellant's emotion
motion inin limine
limine and,
and, upon
upon
violation of violation of its order. agreed its order. agreed to to aamistrial.
mistrial. Pressed by
by the
the prosccutot,
prosecutor, however,
however, the
court instead
trial court instead opted opted to give acautionary to giwea cautionary instruction and await instruction and await further further argument.
argument,
The record suggests that the jury may have heard the side bar conference during during which the trial court reversed itself. Moreover, the trial court's instruction did not
9Specifically, the Specifically, the trial court concluded trial court concluded that that
[t]he inadvertent reference to Appellant's (IJhe Appellant's prior jail jail time was a apassing
passing remark, not
intentionally elicited by by the Commonwealth. The witness did not say say why why
Appellant was in prison.
prison, The
The Commonwealth
Commonwealth did
did not
not attempt to take
take advantage
advantage of
the remark.
remark. While this remark made by by the witness was unfortunate, given given the nature and nature and circumstance circumstance in in which
which it
it occurred, we
we think that
that the
the curative
curative instruction
instruction
was sufficient to eradicate anyany prejudice prejudice resulting
resulting from this reference. The jury jury was
directed to directed to disregard disregard the
the witness' remarks and witness' remarks and we can presume we can presume that they followed that they followed
the the court's instructions.
instructions
Padil/a, Padilla, 923 923 A.2d
A.2d at 1193. ,'
pit 1.193,
•
specifically direct the jury to disregard Officer Bealer's remark. "-Apparen1by Just Apparently he just
got out of jail." Then, despite the instruction, instruction, the prosecutor resumed his examination of examination of Officer Officer Bealer
Beatler by repeating
repeating the
the officer's testimony that officer's testimony "Mom was that "Mom was
upset.," thereby upset," allowing the thereby allowing jury to the jury to hear
hear again
again testimony
testimony the trial court the trial court had
had just
just
instructed instructed them them to disregard.
disregard.
The purpose of a apre-trial pre-trial motion in Iimine limine is to
to prevent
prevent prejudicial et idence from prejudicial evidence
reaching the jury, based on on -the the theory that "once thethe ''skunk skunk is in the box,'
box. the odor
is ineradicable." Blumenkopf,16 Blumenkopf, 16 N.Eng.L.Rev.
N.Eng.L.Rev. at 173 173 ((quotations quotations omitted). Given the circumstances circumstances in this case, we we conclude conclude that only remedy that the only remedy available toto remove remove the prejudice prejudice to
to Appellant
Appellant was
was for
for the
the trial
trial court toto declare a a mistrial and
to to relist the case fear for trial before a different jury a different jury.
Id. ld. at 1.1.96 ( internal record citationis I96 (internal citatiorfs and paragraph omitted).
paragraph numbers omitted)
In essence, the Superior Court ultimately found the trial court's instruction instruction",insufficient
because ((I) because 1) there there was aspecific motion was a motion In
in limine precluding
precluding the testimony;
testimony: ((2)
2) the trial court
court
initially favored initially favored mistrial mistrial but
but reversed
reversed itself upon being itself upon being pressed pressed by Commonwealth. ((3)
by Commonwealth: 3) the the
dial not
cautionary instruction did disregard the witness' specific not specifically direct the jury to disregard specific remark;
remark;
and (4) and despite the (4) despite the instruction, instruction, the Commonwealth resumed the Commonwealth examination righ resumed examination right t where where the
the
challenged testimony challenged left off.
testimony left off.
Here, Detective Brookes Here, Detective Brookes gave gave similar passing testimony testimony referencing
referencing Appellant's prior Appellant's prior
incarceration. Specifically, incarceration. Specifically, in in response
response to
to aaCommonwealth question about Commonwealth question about how how he
he retrieved the
retrieved the
key key to to the Chevy Chevy Trailblazer, he testified Trailblazer, he tdstified that that he "served
"served the search warrant the search warrant at
at the Bucks- County
the Bucks-County
N.T. 5/30/2023, p. 149. Accordingly, because this statement has a Prison." N.T, the tendency to direct the a tendency
jury's attention to Appellant's prior incarceration, this Court will assume its its: prejudicial
prejudicial nature
nature.
However, as as to the the adequacy of this
this Court's
Court's curative instruction.
instruction. none of the circumstances
underlying underlying the Padilla Court's Court's ultiintzate
ultimate conclusion are present conclusion are present here.
here. According Iy, this
Accordingly. Court finds this Court finds
its its instruction instruction to to have been
been aasufficient cure
cure.
First, despite Appellant's First, despite Appellant's contention contention to the contrary, to the contrary, there
there was
was no specific ruling
no specific in Iimine ruling in imine
regarding the prior incarceration issue.
issue. No appears on the No such order appears the: docket.
docket. and
and no such ruling
no such is
ruling is
disclosed in the record. For example. Pre. Trial Motion, Appellant raised example, in his Omnibus Pre-Trial raised aaMotion Motion
Pursuant to
to Suppress Arrest, aaMotion to Dismiss Pursuant Pa.R.Crim.P. 600, and a to Pa.R.Crim.P. a Motion to Suppress Statements. The Statements. arrest suppression The arrest suppression was was litigated
litigated at
at the May 30.
the May 2023 hearing, 30, 2023 along with hearing, along with aanew new
Motion in lindne limine regarding arrest body camera footage. Meanwhile, both regarding the arrest both the Rule 600 Motion
and Motion and Motion to Suppress Suppress Statements
Statements were resolved at at the
the May
May 18,
I8, 2023
2023 hearing.
hearing. Accordingly, the
only pre-trial pre-trial motions litigated prior prior to trial were
were the
the arrest
arrest suppression and motions.
and body camera motions
N.T. 5/30/2023. pp. NT. 5/30/2023, 20-28. This pp. 20.-28. This Court
Court appreciates
appreciates that
that the defense may
the defense may have
have wished to avoid
wished to avoid
testimony testimony as to Appellant's Appellant's prior
prior incarceration, but at no point point was this desire reflectedin reflected in aaformal
pre-trial motion or ruling." pre-trial ruling.'" See, Yee, Criminal Trial Misc.
Misc. Notes
Notes -— 5/18/2023;
5/18/2023; Criminal Trial Misc.
Misc.
Notes Notes ._ 5/30/2023, 5/30/2023
Second, unlike in Padilla, not only Second. only did the defense here never request a amistrial, but it
it was
the very very party party that requested requested the curative instruction to begin begin with. N.T.
N.T, 5/30/2023, p. 149.
Moreover, without wavering in its decision, this Court immediately gave the defense the precise
cure it it asked asked for, 150.
for. Id. at p. 150,
Third, this Third. this Court C'ourt's cautionary instruction 's cautionary instruction directly targeted the comment directly targeted comment made made by
by Detective
Detective
Brookes and specifically specifically instructed the jury to disregard the jury disregard it. Immediately sidebar, this Court Immediately after sidebar,
, fury as
instructed the jury as follows:
follows
THE COURT: AII THE COURT: All right.
right. Ladies and gentlemen, you've you've heard testimony
testimony.from
from the
detective that he received aacar key from the the prison.
prison. You are not
not to
to draw
drag any
certainly any
inference. certainly any adverse adverse inference
inference against the defendant against the defendant from from the fact that
that
he may may not have may or may have been in in custody,
custody, and
and the
the fact that the key was received from that from that source.
source
Id, at at p. 151. When p. 151 When given given the opportunity to
the opportunity to supplement supplement the
the instruction, defense counsel instruction, defense counsel declined.
declined.
Id. Accordingly, ld. Accordingly, far from the vague vague instruction in Padilla, this Court's instruction specifically
The closest The 10 closest this this Court
Court came
came to such aaruling
to such was its
ruling was its preclusion preclusion of any portion of any portion of
of the police
the police
body camera footage body referencing Appellant's footage referencing Appellant's pre-existing pre-existing warrant. N.T.
N,T, 5/30/2023,
5/30/2023,p.p. 22
22.
14
"
identified the comments and the improper comments and clearly precluded precluded the jury from drawing the jury drawing any any adverse
inference therefrom. Id, Id. at
at 1193.
1193, Appellant provides no no basis to believe the
the jury did not
jury did not or
or could
could
not follow'the follow the Court's instruction.
instruction,
Finally, Finally, rather than retreading rather than retreading ground ground laid
laid by the challenged testimony, testimony, the
Commonwealth here Commonwealth here immediately abandoned that immediately abandoned line of that line questioning and of questioning and redirected redirected Detective
Detective
Brookes elsewhere. In sum, the Brookes elsewhere. the comment comment by
by Detective Brookes
Brookes %% as a
was passing remark in' no apassing no way way
elicited by elicited by the Commonwealth or the Commonwealth or taken advantage of taken advantage by it.
of by it. This Court is
This Court satisfied. therefore, is satisfied. therefore, that
under under the totality of the totality of the circumstances, circumstances, its instruction to its instruction to the
the jury
jury was sufficient to
was sufficient cure any to cure any risk of
of
prejudice such that prejudice such that mistrial mistrial was
was tinnecessary.
unnecessary. Accordingly.
Accordingly. this not err in failing this Court did not failing to
declare a a mistrial.
D. This Court Dirt'
Did Not Err in Not Declaring a a Mistrial When the Commonwealth Allegedly Published 1,Body Allegedly Published vdy Camera Camera .Footage
Footage of Appellant Being of Appellant Arrested .Because Being Arrested Because
Defense Counsel Neither Objected Nor Moved for Mistrial.
for Mistrial
Appellant's third issue likewise challenges challenges this C'ourt's
Count's failure to declare a a mistrial
following an alleged publication to to the jury body camera jury of body rootage from Appellant's camera -
footage Appellant's arrest. As arrest. As
noted above,
when "the
[a] mistrial is necessary only when "the incident incident upon
upon which
which the
the motion
motion is
is based
based is
is
of such a anature-that
nature that its
its unavoidable effect is to deprive the defendant of a afair trial by by preventing preventing the jury
jury froMweighing,
from weighing and
and rendering
rendering aatrue verdict." (: ommornrealth verdict." Comorw ealth v • Parker, 957 A.2d 31.1, 319 (Pa.Super.2008), 311, 319 (Pa.Super.2008), alapeal appeal denied.
denied, 600 Pa. 155.
755. 966
A.2d 571 (2009).
(2009). AA mistrial is inappropriate where cautionary cautionary instructions are sufficient to overcome sufficient to overcome anyany potential potential prejudice.
prejudice. Id.
Id
Lopez, 57 A.3d at at 83-84 (quoting
(quoting Bedford,
Redford, 50 A.Jd
A.3d at
at 712-13). Where aadefendant 712.131. Where does not defendant does object..
not object,
Pa.R.Crim.P. 605 nonetheless empowers the trial court "to declare aamistrial . P'aRCrim.P. sua .iponte sua upon the
sponte upon
showing of showing ofxnanifest manifest necessity." K fly, 79'7 necessity." Kelly, 797 A.2d at 936.
A.2d at
Initially, Initially, it it is doubtful that
is doubtful the jury that the jury actually observed what actually observed what Appellant Appellant claims.
claims. The only
The only
photographs or videos of Appellant source through which the jury could have observed photographs Appellant in
Oven's body camera footage handcuffs was Officer Owen's footage of Appellant's Appellant's arrest. This
This video
video was the
subject of one of Appellant': argued for its preclusion Appellant's pre-trial motions where he argued preclusion on on prejudice
prejudice
grounds, N.T. 5/30/2023.pp. grounds. N.T 5130/2023, pp. 20-21.
`0-21. This Court ultimately ultimately deferred ruling rling on the motion
motion to
to permit
permit
the parties to further discuss the intended use of that footage.
footage. Id. at
at 22-23.
22.-23.
Prior to Officer Owen's testimony, the parties defense called parties reached what the defense called "a ·%
reasonable reasonable agreement"
agreement" by which Commonwealth would which the Commonwealth would not publish the portions not publish portions of the video of the video
showing Appellant being cuffed. Id. at pp. 122-24.
122-24. Instead,
Instead, the Commonwealth would would only
only play
play
Officer Owen's initial contact with Appellant, and the Trailblazer key key being
being found on his
found on his person.
person.
Id. ld. Later, when the Commonwealth sought to submit and publish the video during during Omcer
Officer Owen's
Owen's
testimony, defense counsel did not object, provided it was done in accord with their agreement.
agreement. Id.
I
at p. at 129. The p. 129, The Commonwealth then then published the
the video
video without defense
defense objection.
objection.
"Thus, by all appearances, Thus, appearances. the Commonwealth observed observed .its
its end of the bargain
bargain and
and :skipped
skipped
Appellant's actual arrest. Insofar as the portions published portray Appellant published did portray Appellant • in in handcuffs,
handcuffs,
however, the issue should have been addressed at or after trial, not for the first time time on
on appeal.
appeal. See,
See,
Pa.R.A.P. 302()([ilssues Pa.R.A.P. 302(x) (`•[ i]ssues not raised in the trial court are waived and cannot cannot be raised for
for the
the first
first
time on appeal").
appeal"),
E. This Count Court Dial Abase its Discretion in Sentencing Did Not Abuse Sentencing Appellant Appellant to Eighteen
Eighteen (18) to
(I8) to
Si(,3b) TWNY-Six Thirty (36) Months' Incarceration Because Because the
the Sentence is Supported Supported b the
by the
Record. Record
Appellant's final Appellant's issue challenges final issue challenges his sentence as his sentence as excessive excessive and
and insufficiently
insufficiently considerate considerate
of his mitigating evidence. In matters of sentencing.
sentencing. "great weight [ "great weight must be
[must be given] to the
given] to the
sentencing court, since it is in the best position to evaluate the defendant's character, character,, displays
displays of
of
remorse, defiance, indifference, and the overall nature and extent of the crime." Commonwealth Commonwealthv.
Jackson, 585 A.2d A.2d _36,
36, 41 ((Pa.
Pa. Super. 1990) (internal (internal citations omitted).
omitted). "When imposing
imposing aa
•
sentence, sentence, aa court court is
is required to consider
required to the particular consider the circumstances of particular circumstances of the the offense and the
offense and the
character character of the Commb' nwealth v Hill, 210 the defendant." Commonwealth A.3d 1104, 210 A3 1104. 1116.17
1116-17 ((Pa.
Pa, Super.
Super. 2019).
2019
A sentooing A court is also sentencing court also required required to
to consider the sentence
consider the sentence ranges ranges set
set forth
forth in
in the
[e
Pennsylvania Pennsylvania Sentencing Cruidelin•s, Guidelines. See, Comfnonwealih Commonwealth •1• 1'uhasz. A,M 11"l Yuhasz. 923 A.24 1, 1118 1111, 1118 (Pa.
(PA.
2007). However., the 2007). However, the trial court court may deviate
deviate fronl the recommended from the guidelines-, they recommended guidelines; they are "merely are "meret
one factor one among many factor among many that
that the court must
the court must consider
consider in
in imposing
imposing a
a sentence."
sentence" N.
Ad
Initially, this Court Initially, this Court notes notes that
that an appellate court
an appellate court may consider facts may only consider facts wltioh which have
have been
been
daily cortif+ad duly certified in in the
the record on appeial.
record on appeal. Commonwealth Commonwealth v. Williailpv. 71:5 • Williams. A.2d 1101, 715 A.2d 1101, 1105-06
1105.06 ((Pa.
Pa.
1998). I998). Whom Where review
review depends
depends upon facts not
upon facts not present
present in the record.
in the record. the claim is the claim is waived.
waived. Id.
Id. Here,
Here,
Appellant Appellant argues argues that
that this
this Court
Court issUed an excessive issued an excessive sentence sentence and
and failed
failed to adequately consider to adequately consider his hie
mitigation mitigation evidence.
evidence. However,
However, Appellant
Appellant neglected to secure neglected to secure transcripts transcripts from his'sentencirig from his on
sentencing on
August 15, 15, 2023. Accordingly,
Accordingly, this Count this Court is
is unable
unable to
to evaluate factors cited evaluate the factors cited by by itit on
on the
the record
record
or or review its consideration consideration of Appellant's supposed mitigation evidence. Appellant's mitigation evidence. Appellant's sentencing sentencing
waived.
challenge is -therefore waived
In any In any event,
event, the
the challenge
challenge is also substantively is also substantively meritless. Here. Appellant meritless. Here. Appellant was was sentenced
sentenced
to to no no less titan eighteen. (18)
than eighteen to no (18) to no more than thirty--six more than thirty-six (36)
(36) months'
months' incarceration.
incarceration. with
with timeti
%.
served served credit for seventeen credit for seventeen (17)
(17) months.
months. His minimum sentence His minimum of eighteen sentence of eighteen ((8)
18) months
months was
wee
wit-bin the within standard guideline the standard guideline range of twelve range of twelve ((12)
12) to
to eighteen
eighteen ((18)
18) months.
months, His
His sentence,
sentence, therefore,
there
pxestunptively reasonable. Comni is presumptively onwealth • Commonwealth
: v. Ventura. 975 A.24 A.2d 1128, 1134.35
1134-35 (Pa.
(PA. Super.
Super
2009).
Moreover, at
at the
the time of Appellant's
time of Appellant's conviction, conviction, this
this Court
Court not
not only
only granted
granted Appellant's
Appellant'gs
request for for a
a thirty
thirty (30)-day deferral to gather mitigation evidence. it also extended extended Appellant
Appellant the
the
,grace grace of remaining on of remaining og bail
bail in
in the
the i.ntetim. N.T. 5/31/2023, interim. N.T, 5/31/2023, p.123.
p. 123. However. Appellant abused However. Appellant abused this this grace and failed tO grace and appear as to appear as directed for his directed for his July h, 2023 July 6, 2023 sentencing.
sentencing. For
For at
at least these reasons,
least these reasons, in
in
addition to those cited by this Court on the record at sentencing, sentencing, Appellant's sentence was more Appellant's sentence more than appropriate, appropriate
IV. CONCLUSION
For the aforementioned reasons, this Court believes that the issues which -Appellant has Appellant has
complained of in his Concise Statement are without merit. Accordingly, Accordingly, this Court
Court respectfully
respectfully
submits that its denial submits denial of Appellant's May May 8,
8, 2023 suppression motion, 2023 suppression motion, its its trial
trial decisions, and its
decisions, and it
August 15. 2023 judgment of sentence should August 1$. should be affirmed and be affirmed and that
that Appellant"s
Appellant's Appeal be denied Appeal be denied.
13Y THE COURT: BY
DATE: June'. Acw-f Jove i 2oaf It
is
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