COMMONWEALTH OF PENNSYLVANIA v. DARRELL TYRONE JAMES

COMMONWEALTH OF PENNSYLVANIA v. DARRELL TYRONE JAMES No. 2140 WDA 2008 2010 PA Super 203 Atlantic: n/a Filed: 11/10/2010
	Appeal from the Judgment of Sentence November 25, 2008 In the Court of Common Pleas of Allegheny County Criminal No. CP-02-CR-0011630-2007
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Darrell Tyrone James, appeals from the judgment of sentence entered in the Allegheny County Court of Common Pleas following the denial of his motion to suppress and his conviction of three counts of unlawful possession of firearms by a convicted offender and one count each of unlawful possession of body armor, unlawful possession of drug paraphernalia, and unlawful possession of marijuana. We find that the trial court had jurisdiction to modify its suppression order more than thirty days after it was entered but before trial had commenced, because 42 Pa.C.S.A. § 5505 considers suppression orders interlocutory. We also find that the trial court, in determining the validity of the search warrant, violated the four corners rule set forth in Pa.R.Crim.P. 203(D) by considering evidence that was not contained in the affidavit of probable cause. We accordingly vacate and remand.

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