Commonwealth v. Days

784 A.2d 817, 2001 Pa. Super. 297, 2001 Pa. Super. LEXIS 2721
CourtSuperior Court of Pennsylvania
DecidedOctober 16, 2001
StatusPublished
Cited by6 cases

This text of 784 A.2d 817 (Commonwealth v. Days) 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
Commonwealth v. Days, 784 A.2d 817, 2001 Pa. Super. 297, 2001 Pa. Super. LEXIS 2721 (Pa. Ct. App. 2001).

Opinions

EAKIN, J.:

¶ 1 Appellant, Kevin Days, appeals from the judgment of sentence following his conviction by a jury for possession, possession with intent to deliver and delivery of a controlled substance.

¶ 2 The conviction involves the March 1, 1999 delivery of crack cocaine to an undercover police officer at the home of appellant’s former girlfriend, at 1031 Highland Manor, Monesson, Pennsylvania.

¶ 3 The Commonwealth intended, should appellant take the stand, to introduce a certified copy of a prior crimen falsi conviction for retail theft on the basis appellant would be placing his truthfulness and credibility into issue when he swore to tell the truth. N.T. Trial, 1/13/00, at 15-17. Appellant did testify, and stated he was not at Highland Manor on March 1, 1999. He admitted the retail theft conviction, and the trial court granted permission to the Commonwealth to cross-examine appellant about it.

¶ 4 The Commonwealth began the cross-examination by asking questions which established appellant previously lived at 1031 Highland Manor with his girlfriend and their three children. An exchange followed, during which appellant repeatedly volunteered that he had been previously arrested at 1031 Highland Manor.

.Q: You — it’s your testimony that you were never at 1031 Highland Manor anytime in the year 1999? Is that your testimony?
A: My testimony is — yes, I came to Highland Manor, but I was arrested.
Q: Well, the idea is that sometime during 1999 it would be your practice to be coming to and from 1031 Highland Man- or.
A: It wouldn’t be my practice, no.
Q: But you did.
A: Like I said, it’s been time when I came there and I wasn’t allowed and there was punishment behind it.
Q: But you were there. That’s all—
A: Oh, through ’99?
Q: Up to—
A: Yeah, there’s been some in ’99 that I was there, yes.
Q: So it’s not your claim that there’s— that you were never in 1031 Highland Manor—
A: I’ve been at 1031 since ’97. I was there also in ’97.
Q: I just want the jury to understand it’s not your contention that you have never heard of 1031 Highland Manor but that in fact you are familiar with that residence.
A: I said yes.
Q: That you have lived there in the past.
A: Yes.
Q: That in 1999 whether you were allowed to or not you were at 1031 Highland Manor.
A: Yes, at times.
[819]*819Q: In fact, yon had been there just around the time March 1st, 1999 rolled around, correct?
A: No, that’s not correct.
Q: That’s not correct?
A: No.
Q: Your testimony is that you were not ever at 1031—
A: You said around March.
Q: Around March, let’s say the following month, in April.
A: Yes, I was arrested.

Id., at 293-94.

¶ 5 The Commonwealth continued with other questions, then returned to the subject of where appellant was on March 1, 1999:

Q: Mr. Days, tell the jury, please, given that you know that you were there some one month before that, some one month after that, and that you were there at various times in 1999, you don’t know where you were at, how do you know you weren’t there on March 1, 1999.
A: I came in there maybe January or February 1999 and was arrested. I came there maybe April or May of 1999 and I was arrested. And each time that I was arrested the person who lived at Highland Manor 1031 called the police and I was arrested for trespassing. I’m not allowed on the premises.

Id., at 295-296.1

¶ 6 After this exchange, the Commonwealth did not ask about prior arrests during cross-examination. During redirect examination, appellant testified:

Q: But on this particular day and time you were not there selling drugs?
A: No, I was not. Each time, I would say each time that I — each time that I came to Highland Manor, I was arrested by the mother of my children, she called the police. Maybe I can’t say her reasons for doing it, but she doesn’t want me there, we have — we have a problem with the visitation of me seeing my kids, and if I’m staying at 226 McKee Avenue she’s supposed to bring them to see me and she doesn’t bring them for a couple days or three, four days, whatever, I take it upon myself to knock on the door. Well, can I take one or two of them, you know, we may get into a dispute and it turns into the police and I get arrested and it comes into a trespassing charge. And like I said, I pleaded guilty to the trespassing charge whenever it did happen, and I tried to explain to the magistrate, to the higher court judge that it should be some — we should see some type of on parenting classes because the — the visitation rights that I’m not allowed, I’m not even allowed to — in the apartment or even allowed them to come to my apartment. So this is the reason why I had the trespassing charges, because I felt it was necessary that I be involved to see my kids.

Id., at 301-02.

¶ 7 During recross-examination, the following exchange occurred:

Q: Sir, you’re not being altogether truthful about the relationship you have with the mother of your children, are you?
A: Yes.
[820]*820Q: It is your testimony that you and Tiwanda Russell have the kind of relationship where every time you go to 1031 Highland Manor you’re arrested and charged with a crime? Is that your testimony?
A: If I’m coming to bring her money maybe she won’t call the police.
Q: In those times when you want to bring money for the phone bill, et cet-era, you and Tiwanda Russell are both there at 1031 Highland Manor and the police are not contacted. That’s all I’m trying to elicit from you.
A: Me and her are there?
Q: Well, you have to give her the money.
A: Well, I’m not — yes, I’m on the premises of Highhand [sic] Manor, yes, I’d be on the premises of Highland Man- or.
Q: Earlier whenever you said something to the effect of every time you would go there you would get arrested, that actually wasn’t true, was it?

Id., at 303-05. The Commonwealth continued the recross-examination:

Q: Is it your testimony that you’re doing absolutely nothing else while you’re at 1031 Highland Manor other than being there that causes you to be arrested?
A: Nothing else.

Id., at 311-12.

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Cite This Page — Counsel Stack

Bluebook (online)
784 A.2d 817, 2001 Pa. Super. 297, 2001 Pa. Super. LEXIS 2721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-days-pasuperct-2001.