Commonwealth v. Leland

204 A.3d 461
CourtSuperior Court of Pennsylvania
DecidedFebruary 12, 2019
DocketNo. 1932 EDA 2017
StatusPublished
Cited by6 cases

This text of 204 A.3d 461 (Commonwealth v. Leland) 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. Leland, 204 A.3d 461 (Pa. Ct. App. 2019).

Opinion

OPINION BY STABILE, J.:

*462Appellant Wasba Leland appeals from his judgment of sentence for being a felon in possession of a firearm under 18 Pa.C.S.A. § 6105 (" Section 6105").1 Appellant argues that the trial court violated his due process rights by (1) failing to obtain his plea on the Section 6105 charge prior to his jury trial, and (2) failing to inform him that it was severing the Section 6105 charge from other charges that the jury would decide. We affirm.

On July 19, 2015, Appellant had an altercation with Antonio Smith in which Smith was shot in the leg. Appellant left the scene before police arrived. The following month, a detective on the Fugitive Task Force learned that Appellant had been seen at a mall. Upon arriving at the mall, the detective saw Appellant with his girlfriend, Melissa Williams. Appellant dropped the bags he was carrying and fled, but police officers apprehended him after a struggle. Williams was also taken into custody on an unrelated matter. Inside her purse was a handgun that was the source of a bullet casing recovered at the location of Smith's shooting.

On September 8, 2015, a grand jury indicted Appellant on charges of robbery, aggravated assault, carrying a firearm without a license, and carrying a firearm in public in Philadelphia. In addition, because Appellant was a convicted felon, he was indicted under Section 6105 for being a felon in possession of a firearm. The grand jury authorized the Commonwealth to file bills of information in accordance with the indictment.

On September 29, 2015, the Commonwealth filed bills of information that included the Section 6105 charge. On October 13, 2015, counsel for Appellant filed discovery requests on Appellant's behalf and an omnibus pretrial motion seeking dismissal of the indictment on several grounds. The omnibus motion expressly acknowledged that Appellant was charged under Section 6105.

Subsequently, the Commonwealth moved to consolidate the charges against Appellant's with the charges against another individual, Basil Johnson. The Commonwealth stated in this motion that Appellant was charged under Section 6105. On April 28, 2016, the court granted the motion for consolidation.

On November 27, 2016, Appellant filed a motion in limine requesting exclusion of the handgun in Williams' handbag that formed the basis for the Section 6105 charge. On November 28, 2016, the trial court denied Appellant's motion.

On November 29, 2016, the trial court granted a continuance after Appellant requested additional time to consider the Commonwealth's plea offer. Appellant's attorney conferred with Appellant, who declined the offer.

On March 6, 2017, following jury selection, but outside the presence of the jury, the court discussed the plea offer with Appellant. The court stated that the Commonwealth offered a sentence of seven to *463fourteen years' imprisonment for aggravated assault followed by six years' probation on the Section 6105 charge. N.T., 3/6/17, at 3-4. The court further informed Appellant of the maximum sentence that he could receive on all the charges upon which the Commonwealth was proceeding, including five to ten years' imprisonment for violating Section 6105. The colloquy was as follows:

THE COURT: Now, let's talk a little bit about your charges. The Commonwealth is proceeding to trial on aggravated assault and robbery both as felonies of the first degree ... [carrying a firearm without a license and carrying a firearm in public in Philadelphia] graded as a felony of the third degree [and] misdemeanor of the first degree, respect[ive]ly, and possessing a criminal instrument. Aggravated assault and robbery have a statutory maximum of 10 to 20 years' incarceration. The violation of the Uniform Firearms Act, [for carrying a firearm without a license has] a maximum of 3½ to 7 years' incarceration, [carrying a firearm in public in Philadelphia], 2½ to 5 years' incarceration; possessing a criminal instrument, 2½ to 5 years' incarceration. And actually, [ Section] 6105 is not on this list. The maximum for that is 5 to 10 [years' imprisonment]. Is that correct?
[DEFENSE COUNSEL]: Yes, your Honor.
THE COURT: So the aggregate sentence, in other words, the total maximum sentence that you could get for if you were convicted of all the charges that the Commonwealth is proceeding under, is 33½ to 67 years' incarceration. Do you understand that?
[APPELLANT]: Now, I do.

N.T., 3/6/17, at 8-9. Appellant stated that he and his attorney had gone over the Commonwealth's allegations and the evidence. Id. at 15. Appellant said that he had "no further questions," indicating he was ready to proceed to trial. Id. at 17.

The jury was sworn, and Appellant pleaded not guilty to the charges of robbery, aggravated assault, carrying a firearm without a license, carrying a firearm in public in Philadelphia, and possessing an instrument of crime. Id. at 19-20. The court did not refer to the Section 6105 charge to prevent the jury from learning about his criminal record while deciding the other charges. Nor did Appellant enter a plea on the Section 6105 charge.

Several police officers and a complainant testified regarding Appellant's alleged robbery, assault, and possession of a gun during the incident with Smith. The defense presented Appellant and another witness, and the Commonwealth called a police officer in rebuttal. The jury found Appellant not guilty of aggravated assault, robbery, and possessing an instrument of crime, but guilty of carrying a firearm without a license and carrying a firearm in public in Philadelphia.

The following then took place:

[THE COMMONWEALTH]: Your Honor, we still have the [ Section] 6105 [charge].
* * * *
THE COURT: That's right. How do you wish to proceed with regards to that?
[DEFENSE COUNSEL]: Your Honor, my concern with the [ Section] 6105 charge is that [Appellant] never was arraigned on [this charge] and defense never moved to sever [it from the other charges].
THE COURT: It was done for you ... If we hadn't severed, the jury would have had to hear that he had a prior conviction disqualifying him from possessing a firearm at all. Where is the prejudice? I see a benefit. In terms of *464arraignment, if you're talking about what he said in front of the jury, that's not a part of procedure. That's more policy. It has no significance in the process.
[DEFENSE COUNSEL]: If Your Honor would just note my objection.
THE COURT: It's noted and overruled. How do you wish to proceed with regard to [the Section] 6105 [charge]?
[DEFENSE COUNSEL]: Your Honor, we're going to waive.
THE COURT: All right. In that case then I'm going to dismiss the jury.
[DEFENSE COUNSEL]: Yes, Your Honor.
THE COURT: Then we'll come back for waiver. That would be a waiver with testimony or by stipulation?

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Zalenski, S.
Superior Court of Pennsylvania, 2025
Alford v. Baylor
M.D. Pennsylvania, 2023
Com. v. Benjamin, J.
Superior Court of Pennsylvania, 2023
Com. v. Leland, W.
Superior Court of Pennsylvania, 2022
Com. v. Gonzalez, J.
Superior Court of Pennsylvania, 2021
Com. v. Savage, W.
Superior Court of Pennsylvania, 2021

Cite This Page — Counsel Stack

Bluebook (online)
204 A.3d 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-leland-pasuperct-2019.