| COMMONWEALTH OF PENNSYLVANIA v. TAWANDA I. BROOKINS No. 2402 EDA 2009 2010 PA Super 206 Atlantic: n/a Filed: 11/15/2010 | |
| Appeal from the Judgment of Sentence entered July 15, 2009 In the Court of Common Pleas of Montgomery County Criminal Division at No. CP-46-CR-0002240-2008 | |
| Before: BENDER, DONOHUE and FREEDBERG, JJ. | |
| Opinion by: BENDER, J. | |
| Tawanda I. Brookins appeals the judgment of sentence imposed following her conviction of Possession With Intent to Deliver (PWID), Criminal Conspiracy, and Corrupt Organizations, 35 P.S,§ 780-113(a)(30), 18 Pa.C.S. §§ 903, 911 (respectively). Brookins contends that the trial court erred in denying her motion to sever her trial from that of her co-defendants, denying her motion for change of venue to Philadelphia County, and admitting certain expert testimony. Upon review, we conclude that the trial court erred in denying the motion for severance, as evidence of conduct by certain other defendants would not have been admissible had Brookins been tried separately. We conclude, in addition, that Brookins was unduly prejudiced by the admission of that evidence in the trial of this case. Accordingly, we vacate Brookins’s judgment of sentence and remand this case for a new trial. | |
Monday, November 15, 2010
COMMONWEALTH OF PENNSYLVANIA v. TAWANDA I. BROOKINS
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