Commonwealth v. Williams

615 A.2d 416, 419 Pa. Super. 380, 1992 Pa. Super. LEXIS 3626
Superior Court of Pennsylvania·Decided October 22, 1992·No. 129·Published·Cited by 13 cases

Opinion

TAMILIA, Judge:

Seth Williams appeals from the three (3) to six (6) year judgment of sentence imposed on December 18, 1991 after he was found guilty of possession of a small amount of marijuana, 1 possession of cocaine with intent to *383 deliver 2 and possession with intent to use drug paraphernalia. 3 Appellant was stopped for speeding and, while his license and registration were being checked, the dispatcher received an anonymous tip the car the appellant was driving contained a sizeable quantity of drugs. After a consensual visual inspection of appellant’s car revealed a “roach”, the officers arrested appellant, a search warrant was obtained and executed and quantities of cocaine, marijuana and drug paraphernalia were discovered in the vehicle. Appellant’s pretrial motion to suppress this evidence was denied, the matter proceeded to trial and appellant was found guilty, nonjury, as stated supra. His post trial motions were denied and this appeal followed.

Appellant contends there was insufficient evidence to support his conviction for possession with intent to deliver a controlled substance. He also argues the officers conducted an illegal warrantless search of his vehicle thereby tainting all evidence confiscated. Finally, appellant argues the imposition of a mandatory three year sentence was improper.

In reviewing a sufficiency of the evidence claim we must determine whether the evidence and all reasonable inferences, when viewed in the light most favorable to the Commonwealth as the verdict winner, are sufficient to establish, beyond a reasonable doubt, each element of the crime(s) with which the defendant is charged. Commonwealth v. McCullum, 529 Pa. 117, 602 A.2d 313 (1992). To be convicted of possession with intent to deliver a controlled substance the Commonwealth must establish the defendant possessed the illegal drug and did so with the intent to deliver it. 35 Pa.S. § 780-113(a)(31)(i). When determining whether there was sufficient evidence to sustain a charge of possession with intent to deliver, all facts and circumstances surrounding the possession are relevant and the Commonwealth may establish the essential elements of the crime by wholly circumstantial evidence. Commonwealth v. Ramos, 392 Pa.Super. 583, 573 A.2d 1027 (1990). The record revealed eight small zip-lock plastic baggies of cocaine, the aggregate weight of which was *384 5.94 grams, all of wMch were contained in one larger bag, were retrieved from the appellant’s vehicle. It was the investigating officer, Gregory Taylor’s testimony, based on his experience as an undercover narcotics investigator, the cocaine packets confiscated were not randomly purchased on the street but rather were representative of common packaging for distribution, the quantities contained known on the street as “sixteenths” (approximately 1.75 grams) (N.T., 8/5/91, pp. 91-92). Taylor also stated the $3,601 retrieved from appellant’s sock by the arresting officer, Robert McCallister, was comprised mostly of $20 bills folded into $100 lots, a very common practice by those involved with trafficking narcotics {Id., pp. 93-94). Although appellant testified the money seized was to be used for car repairs, the jury found this explanation incredible. We agree with the trial court’s finding the packaging of the drugs, the large sum of organized cash and the absence of paraphernalia associated with the personal use of cocaine established, beyond a reasonable doubt, the cocaine was possessed with the intent to deliver.

Next, appellant argues the police conducted a warrantless search of his vehicle thereby requiring suppression of all items seized therefrom. The appellant claims the anonymous call to the dispatcher did not provide sufficient probable cause for the initial search of the defendant, the warrantless search of the vehicle and the subsequent search of the vehicle with a duly executed search warrant.

“[O]ur responsibility upon review is to determine whether the record supports the factual findings of the court below and the legitimacy of the inferences and legal conclusions drawn from those findings.” Commonwealth v. Goodwin, 460 Pa. 516, 521, 333 A.2d 892, 895 (1975); Commonwealth v. Grubb, 407 Pa.Super. 78, 595 A.2d 133 (1991). Our standard of review is limited to the evidence of the Commonwealth, and so much of the evidence of the defendant which, as read in the context of the record as a whole, remains uncontradicted. Commonwealth v. Rodriguez, 387 Pa.Super. 271, 564 A.2d 174 (1989). When the factual findings of the suppression court are supported by the evidence. We may *385 reverse only if there is an error in the legal conclusions drawn from those factual findings. Commonwealth v. Fromal, 392 Pa.Super. 100, 572 A.2d 711 (1990); see also Grubb, supra. To justify an initial stop, a police officer must rely on specific and articulable facts, which if taken together with rational inferences therefrom reasonably warrant the stop. Commonwealth v. Smith, 396 Pa.Super. 6, 577 A.2d 1387 (1990). A legal arrest without a warrant depends upon probable cause. Commonwealth v. Leib, 403 Pa.Super. 223, 588 A.2d 922 (1991), alloc. denied, 528 Pa. 642, 600 A.2d 194 (1991). Probable cause exists if the facts available to a police officer would warrant a man of reasonable caution to believe a search would result in the discovery of contraband. Id. A tip from an anonymous informant can form the basis for probable cause if there is adequate evidence of the informant’s credibility or reliability. Commonwealth v. Carlisle, 348 Pa.Super. 96, 501 A.2d 664 (1985), affirmed, 517 Pa. 36, 534 A.2d 469 (1987). The credibility of an informant and the reliability of his information may be determined by independent corroboration of the tip. Id. See also Commonwealth v. Lemanski, 365 Pa.Super. 332, 529 A.2d 1085 (1987). The facts relevant to appellant’s argument follow.

On March 5, 1990, Officer McCallister observed appellant’s brown Camaro being driven at a speed of 55-60 miles per hour in a 35 mile-per-hour zone and effectuated a traffic stop. As McCallister approached the vehicle, the driver rolled down his window and the officer detected the slight smell of marijuana.

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Commonwealth v. Williams, 615 A.2d 416, 419 Pa. Super. 380, 1992 Pa. Super. LEXIS 3626 (Pa. Ct. App. 1992).

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