Com. v. Youngster, C.

2026 Pa. Super. 20
CourtSuperior Court of Pennsylvania
DecidedFebruary 3, 2026
Docket1845 MDA 2024
StatusPublished
AuthorLane

This text of 2026 Pa. Super. 20 (Com. v. Youngster, C.) 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. Youngster, C., 2026 Pa. Super. 20 (Pa. Ct. App. 2026).

Opinion

J-A28045-25 2026 PA Super 20

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : CHRISTOPHER CHARLES : YOUNGSTER : : No. 1845 MDA 2024 Appellant

Appeal from the Judgment of Sentence Entered May 21, 2024 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0002022-2023

BEFORE: KUNSELMAN, J., McLAUGHLIN, J., and LANE, J.

OPINION BY LANE, J.: FILED: FEBRUARY 3, 2026

Christopher Charles Youngster (“Youngster”) appeals from the judgment

of sentence imposed following his convictions for criminal use of a

communication facility and possession of drug paraphernalia.1 Youngster

contends that the Commonwealth failed to establish that he committed the

offense of criminal use of a communication facility where the Commonwealth

failed to prove the commission of an underlying crime, or the completion of a

substantial step toward such a crime. We hold that the use of a telephone to

arrange the sale of illegal drugs, whether the sale is fully consummated or

merely attempted, satisfies the elements of criminal use of a communication

facility. Accordingly, after review, we affirm.

____________________________________________

1 See 18 Pa.C.S.A. § 7512(a), 35 P.S. § 780-113(a)(32). J-A28045-25

The relevant facts and procedural history are as follows. In May 2023,

the Commonwealth charged Youngster with the above offenses, as well as

possession of a controlled substance. The case proceeded to a jury trial in

April 2024. During jury selection,

[One prospective panel member, juror number twenty-three (“juror number twenty-three”),] testified that he was a patrol supervisor employed by the Pennsylvania State Police at the Tunkhannock, Wyoming County, barracks. Juror number twenty- three testified that he knew [Detective Christopher Maguire (“Detective Maguire”) with the Luzerne County District Attorney’s Office Drug Task Force, who the Commonwealth named as a witness,] from his time working in law enforcement. [The trial court asked juror number twenty-three if his prior work relationship with Detective Maguire or other detectives would make it difficult for him to serve on the jury in this case.] Juror number twenty-three testified that it would not put him in a difficult situation to serve as a juror. He then testified that he understood the need to be fair and impartial, to disregard all of his training, and to consider the particular facts of the case and the legal instructions. Juror number twenty-three further testified that he would have no difficulty evaluating the case and making the decision that the Commonwealth did not meet its burden, if necessary. Defense counsel challenged this juror for cause because he is a trained law enforcement officer that would bring an expertise to the jury and influence them. This challenge was denied by the court based on juror number twenty-three’s sworn testimony during voir dire and the record before the court. [Notably, Youngster did not raise any other basis to challenge juror number twenty-three for cause. He specifically did not challenge juror number twenty-three for cause based on the fact that he knew Detective Maguire from his time working in law enforcement.]

-2- J-A28045-25

Trial Court Opinion, 3/12/25, at 7-8.2 Subsequently, Youngster used his first

of seven peremptory challenges to strike juror number twenty-three and later

used all of his preemptory challenges prior to empaneling of the jury.

During the trial proceedings, the parties presented the following

evidence and testimony:

Detective Robert Capparell ([“]Detective Capparell[”]) with the Wilkes-Barre Township Police Department . . . and [Detective Maguire] testified for the Commonwealth. Detective Capparell is the head of the [Wilkes-Barre Township Police Department’s] special investigations unit, which includes the investigation of narcotics-related crimes. Detective Capparell has been a police officer for twenty-seven years, has been doing narcotics-related work for twenty years, and has investigated over three-hundred narcotics cases. Detective Capparell has attended trainings relative to narcotics trafficking investigations and has used confidential informants in the past. Detective Maguire has worked in law enforcement for over twenty-seven years, with the past twenty-one years being in strictly narcotics intelligence. Detective Maguire has had a myriad of training and education courses relative to narcotics investigations and undercover narcotics work.

On May 26, 2023, a law enforcement initiative throughout Luzerne County for the detection and arrest of narcotics crimes, called “Trigger Lock[,”] occurred. As part of the Trigger Lock initiative, Detective Capparell was advised by his team leader, Detective Maguire, to make contact with any confidential informants he had been working with. Detective Capparell attempted to make contact with Joseph Fee ([“]Joe[”]), who was an individual that came into the police station approximately a week prior to discuss doing confidential informant work for income. During that initial meeting, Detective Capparell gave Joe [twenty dollars] to buy some food since he was homeless.

2 For ease of review, when quoting the trial court’s opinion, we have changed

the references to “Number 23” to “juror number twenty-three” and “Defendant” to “Youngster.”

-3- J-A28045-25

At 2:34 p.m., Detective Capparell made initial contact by texting the phone number he had been given for Joe. The text message said, “Hey, that all I get for the [twenty] bucks?” At 2:36 p.m., Detective Capparell then called the same phone number. A male answered and Detective Capparell asked if it was Joe; the male said Joe was not there. Detective Capparell then asked the male if he knew where Joe was because Joe was supposed to do some work for him. The male responded that he did not know where Joe was so Detective Capparell disconnected the call at that point. That outgoing phone call lasted approximately thirty-five seconds. Shortly thereafter, Detective Capparell received a phone call from the same number but did not answer it.

Detective Capparell then gave the phone to Detective Maguire to take the lead on arranging any possible narcotics deliveries through Joe’s number since he had more undercover narcotics experience. Detective Maguire inquired via text message if the person in possession of the phone knew where Joe was because Joe was supposed to get him methamphetamine. Detective Maguire received a response from someone who identified himself as “Chris” and who explained he was getting methamphetamine for his girlfriend and that he could grab some for the detective as well. Detective Maguire identified himself to Chris as “Paul” and told Chris he would like to purchase a “ball” — short for an “eight-ball” which is one-eighth of an ounce of methamphetamine. Chris advised Detective Maguire that one- eighth of an ounce of methamphetamine would cost $140.00.

There were thirty-four text messages and seven phone calls between Chris and detectives relative to arranging the meeting time and place to complete the narcotics delivery. Notably, at 3:13 p.m., Chris texted “I’ll have a better idea when Ashley gets back.” The final meeting place arranged was the Sunoco gas station on Carey Avenue in Wilkes-Barre City.

At approximately 5:30 p.m., Detectives Capparell and Maguire were watching the Sunoco gas station from across the street. At 5:31p.m., Detective Maguire called Chris who said he was almost there. At this time, detectives observed a male and female coming down Academy Street. At 5:33 p.m., Detective Maguire called Chris to inquire [about] what he was wearing.

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Cite This Page — Counsel Stack

Bluebook (online)
2026 Pa. Super. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-youngster-c-pasuperct-2026.