In the Interest of J.J.

668 A.2d 1176, 447 Pa. Super. 259, 1995 Pa. Super. LEXIS 3678
Superior Court of Pennsylvania·Decided December 5, 1995·No. 1382·Published·Cited by 10 cases

Opinions

BROSKY, Judge.

This is an appeal from the dispositional order of the juvenile court which adjudicated appellant delinquent and committed him to a juvenile detention facility.

Appellant presents the following issues for our review: (1) whether this court should exercise its discretion to review the merits of his claims despite the fact that he escaped from custody and was a fugitive for a brief period during the pendency of this appeal; (2) whether the juvenile court erred in refusing to suppress the evidence seized from appellant’s person following his arrest and; (3) whether the juvenile court erred in refusing to suppress cocaine which appellant had abandoned in the doorway of a residence. For the reasons set forth below, we affirm.

[262] Before addressing appellant’s claims, it is necessary to recount the pertinent facts giving rise to this appeal. On the morning of January 3, 1992, Officer John Gorman was dispatched to the intersection of Hollywood and Jefferson streets to investigate a report of a young black male selling narcotics. When he arrived, the officer saw appellant, J.J., standing on the northeast corner. Officer Gorman, who was in a marked police vehicle, did not activate his lights or direct any other action towards appellant. Upon seeing the officer, appellant quickly walked up the steps of a nearby residence, opened the storm door and dropped a clear plastic bag inside. Believing that the bag contained narcotics, Officer Gorman exited his vehicle, detained appellant and retrieved the bag. Examination of the bag revealed that it contained forty-nine capped vials inside of which was a white chunky substance.1 As a result of his discovery, Officer Gorman placed appellant under arrest and searched his person. During the body search, Officer Gorman found appellant to be in possession of $83.00 in currency. Appellant, who was a juvenile at the time, was thereafter charged with various offenses arising out of this incident.

Appellant filed a motion to suppress the cocaine and money seized by the police. This motion was denied. Following a hearing on March 13, 1992, appellant was adjudicated delinquent based on his possession2 and possession with the intent to deliver3 a schedule II controlled substance, i.e., cocaine.4 The juvenile court thereafter entered a dispositional order committing appellant to St. Gabriel’s Hall. Appellant filed a timely appeal therefrom.

On July 19, 1992, appellant escaped from St. Gabriel’s Hall and a bench warrant was issued for his arrest. Approximately one month later, appellant was apprehended while driving a [263] stolen car. As a result of the charges arising from this latter incident, appellant was adjudicated delinquent and committed to the Glen Mills School.5

In September of 1992, the Commonwealth filed a motion to quash the appeal due to appellant’s former fugitive status. This court granted the motion by per curiam order entered on January 20, 1993. Appellant filed a petition for allowance of appeal with our Supreme Court, which granted allocatur. The Court subsequently vacated our order and remanded this matter so that we may determine whether in the exercise of our inherent discretion the appeal should be quashed because of appellant’s previous escape. In the Interest of J.J., 540 Pa. 274, 289-291, 656 A.2d 1855, 1363 (1995).

The Supreme Court has not elaborated on the manner in which this discretionary authority is to be exercised. However, we are not wholly bereft of instruction, as a few guiding principles may be gleaned from the Supreme Court’s discussions on this subject. In applying the discretionary rule, the Court has repeatedly emphasized that the courts of inferior jurisdiction have the inherent discretion to determine whether any sanction should be imposed in view of the particular circumstances and the effect of the flight on the court’s ability to dispose of the case. See, e.g., Commonwealth v. Huff, 540 Pa. 535, 536-539, 658 A.2d 1340, 1341-1342 (1995) (it is not proper for an appellate court to dismiss an appeal where the trial court chooses to ignore disrespect manifested by the defendant’s flight and disposes of the issues on their merits; because flight prior to sentencing had no significant effect on the appellate process, the Superior Court erred by holding that the defendant waived his appellate rights, including the right to seek collateral relief); In the Interest of J.J., 540 Pa. at 287-291, 656 A.2d at 1362-1363 (appellate court can exercise the same discretion as a trial court in deciding what will be the appropriate response to a defendant’s fugitive status occurring during ari appeal pending before its own court; the [264] appellate courts thus have the right to fashion an appropriate response, including the dismissal of the matters which the defendant seeks to have reviewed); Commonwealth v. Rhodes, 538 Pa. 78, 74, 645 A.2d 1294, 1294 (1994) (trial court was in a position to assess what penalty, if any, should be imposed where the defendant was a fugitive during post-trial proceedings; since the trial court chose to overlook the defendant’s contemptuous flight and disposed of his post-trial motions, the defendant was entitled to proceed with his appeal in the Superior Court). Review of the exercise of this discretion is limited, as the appellate courts will only examine: (1) the connection between the defendant’s flight and the court’s ability to dispose of the defendant’s case; and (2) whether the sanction imposed in response to the flight is reasonable under the circumstances. In the Interest of J.J., 540 Pa. at 287-291, 656 A.2d at 1362-1363; Commonwealth v. Kindler, 536 Pa. 228, 233, 639 A.2d 1, 3 (opinion announcing the judgment of the court, by Papadakos, J.), cert. denied, — U.S.-, 115 S.Ct. 327, 130 L.Ed.2d 287 (1994).

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In the Interest of J.J., 668 A.2d 1176, 447 Pa. Super. 259, 1995 Pa. Super. LEXIS 3678 (Pa. Ct. App. 1995).

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In the Interest of J.J.
668 A.2d 1176 (Superior Court of Pennsylvania, 1995)