Commonwealth v. Roberts

133 A.3d 759, 2016 Pa. Super. 22, 2016 Pa. Super. LEXIS 61, 2016 WL 410006
CourtSuperior Court of Pennsylvania
DecidedFebruary 2, 2016
Docket371 MDA 2015
StatusPublished
Cited by118 cases

This text of 133 A.3d 759 (Commonwealth v. Roberts) 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. Roberts, 133 A.3d 759, 2016 Pa. Super. 22, 2016 Pa. Super. LEXIS 61, 2016 WL 410006 (Pa. Ct. App. 2016).

Opinion

OPINION BY

STEVENS, P.J.E.:

This is an appeal from the judgment of sentence entered by the" Honorable Margaret Bisignani Moyle in the Court of Common Pleas of Lackawanna County following Appellant’s conviction on Count 1, possession with the intent to delivér a controlled substance (“PWID”) (powder cocaine); Count II, PWID (crack cocaine); Count III ápd Count IV, possession of a controlled substance (powder and crack cocaine, respectively); and Count V, possession of’ drug paraphernalia. 1 Appellant contends (1) the evidence was insuffíciént to sústain his convictions; (2) the verdicts were against the weight of the evidence; (3) the lower court erred in denying Appellant’s pre-trial motion to suppress physical evidence; (4) the trial court imposed an illegal sentence; (5) the trial court imposed an excessive-sentence; and (6) the trial court erred in imposing consecutive sentences. 2 We affirm.

The relevant facts and procedural history are as follows: Following his arrest, on May 30, 20JL4, Appellant filed a counseled pre-trial motion seeking to suppress physical evidence seized by the police. The matter proceeded to a hearing at which a sole witness, Carbondale Police Sergeant Patrick Lawler, testified. Specifically, *764 Sergeant Lawler testified on direct-examination that, on March 1, 2014, he and Officer John Bradley were conducting surveillance of a “known drug house,” which was located in a “high drug area” in Car-bondale. N.T. Suppression Hearing, 6/16/14, at 3-4. . At approximately 10:00 p.m., he observed a male, who was later identified as Appellant, enter the residence, remain therein for ten or fifteen minutes, and then exit the residence. Sergeant Lawler testified the following then occurred:

[District Attorney]: What, happened next?
[Sergeant Lawler]: We were in an unmarked vehicle and pulled up next to the male and rolled down our windows and asked him what was going on. He looked into our vehicle and then began to run northbound on Taylor Street. [District Attorney]: What happened after he began to run?
[Sergeant Lawler]: I exited the vehicle and began yelling to the male. He turned to look at me and continued to run.

Id. at 3-4 (bold added).

Sergeant Lawler testified Officer Bradley followed Appellant in the unmarked patrol vehicle, and Sergeant Lawler ran around the corner in an effort to determine where he could intercept Appellant. Appellant ran between two houses and out onto the street, at which time Sergeant Lawler began chasing Appellant on foot. Appellant ran into a driveway, around a car parked in the driveway, and then back onto the street. During the chase, Sergeant Lawler slipped and fell oh ice in the driveway.

Meanwhile, at some point, Officer Bradley stopped the police vehicle, exited it, and identified himself as a police officer. Officer Bradley captured Appellant when he also fell on ice.

Realizing he had dropped his radio during the chase, Sergeant Lawler “backtracked [his] steps” and discovered two baggies of drugs. Id. at 6. In this regard, the relevant exchange occurred at the suppression hearing:

[District Attorney]: What happened after [Appellant] was stopped by Officer Bradley[?]
[Sergeant Lawler]: He was stopped by Officer Bradley. I had realized that I had dropped my portable radio during the chase. I began to backtrack my steps. As I was walking down Church Street I went into the alleyway where I had initially fallen, and I noticed a cell phone on the ground and a few feet away from it a large bag containing a powdery substance and another bag right next to it containing a white chunky substance.
[District Attorney]: Was that located near where [Appellant] ran around the vehicle?
[Sergeant Lawler]: Yes, exactly where he ran around.,

Id. at 5-6 (bold added).

The sergeant testified he noticed that the screen saver on the cell phone appeared to be a. picture of Appellant. Id. Further, after Appellant was arrested, a search of his person revealed another cell phone. Id. at 7.

On cross-examination, the following relevant exchange occurred as to what happened after Appellant' exited the residence:

[Defense Counsel]: So at that point you and the other officer rolled up on the street and asked him what is going on. Is that right?
[Sergeant Lawler]: Yes.
[Defense Counsel]: Now unfortunately on direct you stated that he looks *765 into the car and then you ran inside [sic ], right?
[Sergeant Lawler]: Yes.
[Defense Counsel]: Isn’t it true that he actually looked into the car and actually continued walking?
[Sergeant Lawler]: I don’t believe that. I believe he ran.
[Defense Counsel]: In your affidavit of probable cause you actually said that you [sic ] looked at the officers and then he continues walking and at that point you gather—
[Sergeant Lawler]: Well it’s in the affidavit. That was done on a more timely fashion. It wouldn’t just happen so if it’s in the affidavit I would go with that, yes.
[Defense Counsel]: So really what happened is you guys were driving and you rolled up to say what’s going on and he looked at you, right?
[Sergeant Lawler]: Yes.
[Defense Counsel]: And he continued walking?
[Sergeant Lawler]: Yes.
[Defense Counsel]: And then as he continues walking you get out of the car and you yelled at him to stop?
[Sergeant Lawler]: Yes.
[Defense Counsel]: Okay.

Id. at 9-10 (bold added).

On redirect-examination, Sergeant Lawler clarified as follows:

[District Attorney]: Just to clarify, when you get out of the vehicle to have a conversation with [Appellant] what do you actually say to him? Do you yell to him to, stop or is there something else that you say to him?
[Sergeant Lawler]: I didn’t really give an order to stop. I got out of the vehicle and' said, héy, sir, what’s going on, what are you doing[?]

Id. at 15 (bold added).

At the conclusion of the hearing, the trial court denied Appellant’s motion to suppress the controlled substances and cell phones. On November 17, 2014, Appellant proceeded to a jury trial, at which Officer Bradley, Sergeant Lawler, and Detective John Munley testified.

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Cite This Page — Counsel Stack

Bluebook (online)
133 A.3d 759, 2016 Pa. Super. 22, 2016 Pa. Super. LEXIS 61, 2016 WL 410006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-roberts-pasuperct-2016.