Commonwealth v. Perez

931 A.2d 703, 2007 Pa. Super. 235, 2007 Pa. Super. LEXIS 2234, 2007 WL 2258257
CourtSuperior Court of Pennsylvania
DecidedAugust 8, 2007
DocketNo. 3376 EDA 2005
StatusPublished
Cited by92 cases

This text of 931 A.2d 703 (Commonwealth v. Perez) 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. Perez, 931 A.2d 703, 2007 Pa. Super. 235, 2007 Pa. Super. LEXIS 2234, 2007 WL 2258257 (Pa. Ct. App. 2007).

Opinion

OPINION BY

GANTMAN, J.:

¶ 1 Appellant, Orlando Perez, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas, following his conviction for possession with intent to deliver a controlled substance (“PWID”),1 criminal conspiracy,2 and related drug offenses. We affirm.

¶2 The relevant facts and procedural history of this appeal are as follows. Officer Larry Tilghman of the Narcotics Strike Force was on duty conducting undercover surveillance of Appellant, who was standing directly in front of Arthur Maddox’s home at 2825 North Swanson Street. On May 14, 2002, at approximately 10:05 a.m., Officer Tilghman observed an individual, Kevin Kissings, approach Appellant. Appellant reached into his pocket and pulled out some blue items which he exchanged with Kissings for money. Officer Tilghman radioed Kiss-ings’ description to other officers in the area who stopped and searched him. Kissings had three (3) blue packets of heroin stamped with the words “Good Fellows” in his possession.

¶ 3 Fifteen minutes later, Officer Tilgh-man observed an individual, Juan Cruz, approach Appellant outside of 2825 North Swanson Street. As before, Appellant exchanged with Cruz some blue items for money. Officer Tilghman again notified officers of Cruz’s description so they could stop and search him. Cruz had two (2) blue packets of heroin in his possession stamped with the words “Good Fellows.”

¶ 4 At approximately 10:35 a.m., Maddox exited his home and gave Appellant another handful of blue packets. Appellant put these packets in his pocket and gave money to Maddox. Maddox entered the passenger seat of a car parked directly in front of his house. Maddox sat in the car and watched Appellant, who remained in front of the house at 2825 North Swanson Street. Ten minutes later, another individual, Raymond Danonhower, approached Appellant and handed Appellant money in exchange for blue items. Officers stopped Danonhower in a manner similar to Kiss-ings and Cruz, and found two (2) blue packets of heroin stamped with the words “Good Fellows.”

¶ 5 When Appellant saw a marked police vehicle drive by, he walked over to the car where Maddox was sitting and gave Maddox a handful of blue packets and money. Appellant then walked to the end of the block, looked around, and returned to [706]*706Maddox. Maddox exited the car. Appellant and Maddox had a brief conversation and walked to the east side of the street, where they were arrested by police officers. The officers found $8.00 in Appellant’s possession and $975.00 on Maddox. The officers inspected the car in which Maddox had been sitting and saw thirteen (13) blue packets of heroin3 with the “Good Fellows” mark and a bag of marijuana on the seat.

¶ 6 The officers obtained and executed a search warrant on the house at 2825 North Swanson Street. The police found twenty-six (26) packets of heroin4 with blue glas-sine inserts stamped “Good Fellows,” eight (8) yellow packets and one (1) clear packet of marijuana, $207.00 in cash, and a radio scanner tuned to a police frequency. Appellant sold a total of 0.3 grams of heroin to Kissings, Cruz, and Danonhower.

¶ 7 On June 22, 2005, following a bench trial, the court found Appellant guilty of PWID, criminal conspiracy, and related drug offenses. The court imposed a sentence of two (2) to four (4) years’ imprisonment,5 the mandatory minimum sentence allowed, based on a finding that Appellant possessed more than one gram of heroin with intent to deliver. Appellant timely filed his appeal on November 21, 2005. The court requested a Rule 1925(b) statement on February 23, 2006. Appellant timely filed his Rule 1925(b) statement on March 8, 2006.

¶ 8 Appellant raises three issues for our review:

DID THE COMMONWEALTH SHOW SUFFICIENT EVIDENCE TO PROVE APPELLANT’S POSSESSION, ACTUAL OR CONSTRUCTIVE, OF MORE THAN 1 [GRAM] OF HEROIN?
WAS THE COMMONWEALTH’S EVIDENCE SUFFICIENT TO PROVE, BEYOND A REASONABLE DOUBT, A CONSPIRACY BETWEEN APPELLANT AND ARTHUR MADDOX RELATING TO THE CONTRABAND WITHIN THE PREMISES AT 2825 N. SWANSON STREET, PHILADELPHIA?
WHERE THE EVIDENCE SHOWS APPELLANT TO HAVE BEEN GUILTY AT MOST OF DELIVERY, OR POSSESSION WITH INTENT TO DELIVER, HEROIN BASED MATERIAL HAVING A TOTAL WEIGHT OF 0.30 [GRAMS], IS A MANDATORY MINIMUM SENTENCE OF TWO TO FOUR YEARS PURSUANT TO 18 PA. C.S.A § 7508(a)(7)(i) APPROPRIATE?

(Appellant’s Brief at 2).

¶ 9 When examining a challenge to the sufficiency of evidence, our standard of review is as follows:

The standard we apply in reviewing the sufficiency of the evidence is whether viewing all the evidence admitted at trial in the light most favorable to the verdict winner, there is sufficient evidence to enable the fact-finder to find every element of the crime beyond a reasonable doubt. In applying [the above] test, we may not weigh the evi[707]*707dence and substitute our judgment for the fact-finder. In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. Any doubts regarding a defendant’s guilt may be resolved by the fact-finder unless the evidence is so weak and inconclusive that as a matter of law no probability of fact may be drawn from the combined circumstances. The Commonwealth may sustain its burden of proving every element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence. Moreover, in applying the above test, the entire record must be evaluated and all evidence actually received must be considered. Finally, the [finder] of fact while passing upon the credibility of witnesses and the weight of the evidence produced, is free to believe all, part or none of the evidence.

Commonwealth v. Jones, 874 A.2d 108, 120-21 (Pa.Super.2005) (quoting Commonwealth v. Bullick, 830 A.2d 998, 1000 (Pa.Super.2003)).

¶ 10 In his first issue, Appellant argues the police did not see Appellant enter or exit the house at 2825 North Swanson Street, and at the time of his arrest he was not in possession of any contraband. Appellant claims he did not have keys to the house. The house contained no evidence that Appellant had ever been inside or resided there. Moreover, Appellant contends the Commonwealth did not present any evidence that he had any knowledge of the heroin in the house. Appellant argues there was no evidence Appellant had access to the drugs in the house. Thus, Appellant concludes the evidence did not give rise to any inference of Appellant’s actual or constructive possession of the drugs found inside the house.

¶ 11 Appellant’s first issue also implicates his second issue. Appellant argues police witnessed Appellant make only one purchase of drugs from Maddox. Appellant avers there was no evidence presented that any other retailers were involved with Maddox, or that Appellant knew or should have known that any other retailers were involved with Maddox. Appellant contends there was nothing to show Maddox was involved with any drug transactions with anyone other than Appellant.

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

Related

Com. v. Hurt, C.
Superior Court of Pennsylvania, 2025
Com. v. Ramseur, K.
Superior Court of Pennsylvania, 2025
Com. v. Cruz-Cruz, R.
Superior Court of Pennsylvania, 2025
Com. v. Barrow, W.
Superior Court of Pennsylvania, 2024
Com. v. Vale-Feliciano, C.
Superior Court of Pennsylvania, 2024
Com. v. Mendez, E.
Superior Court of Pennsylvania, 2023
Com. v. Lee, C.
303 A.3d 734 (Superior Court of Pennsylvania, 2023)
Com. v. Winston, W.
Superior Court of Pennsylvania, 2023
Com. v. Johnson, J.
Superior Court of Pennsylvania, 2021
Com. v. Bowens, T.
2021 Pa. Super. 210 (Superior Court of Pennsylvania, 2021)
Com. v. Brown, V.
Superior Court of Pennsylvania, 2021
Com. v. Evans, J.
Superior Court of Pennsylvania, 2020
Com. v. Tillery, R.
Superior Court of Pennsylvania, 2019
Com. v. Cassel, M.
Superior Court of Pennsylvania, 2019
Com. v. Hernandez, M.
Superior Court of Pennsylvania, 2019
Com. v. Rodriguez, K.
Superior Court of Pennsylvania, 2018
Com. v. Scott, T.
Superior Court of Pennsylvania, 2018
Com. v. Sullivan, S.
Superior Court of Pennsylvania, 2018
Com. v. Gaymon, K.
Superior Court of Pennsylvania, 2018
Com. v. Young, L.
Superior Court of Pennsylvania, 2018

Cite This Page — Counsel Stack

Bluebook (online)
931 A.2d 703, 2007 Pa. Super. 235, 2007 Pa. Super. LEXIS 2234, 2007 WL 2258257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-perez-pasuperct-2007.