COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO

COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO No. 2028 MDA 2009 2010 PA Super 239 Atlantic: n/a Filed: 12/22/2010
	Appeal from the Judgment of Sentence November 23, 2009 In the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-CR-0003145-2008
Before: FORD ELLIOTT, P.J., MUSMANNO, BENDER, BOWES, DONOHUE, SHOGAN, ALLEN, OLSON and OTT, JJ.
Opinion by: BENDER, J.
David Feczko (Appellant) appeals from the judgment of sentence entered following his convictions for DUI-General Impairment, DUI-Highest Rate, and Driving on Roadways Laned for Traffic. See 75 Pa.C.S. §§ 3802(a)(1), (c), 3309(1). Appellant contends that the suppression court erred in denying Appellant’s motion to suppress, which challenged the basis of the traffic stop. We conclude that the stop was legal because the officer had probable cause to believe that Appellant had committed a vehicle code violation. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD MOORE

COMMONWEALTH OF PENNSYLVANIA v. RICHARD MOORE No. 3078 EDA 2009 2010 PA Super 236 Atlantic: n/a Filed: 12/17/2010
	Appeal from the Judgment of Sentence September 25, 2009 In the Court of Common Pleas of Philadelphia County Criminal Division at Nos.: MC-51-CR-0024655-2008 CP-51-CR-0000316-2009
Before: BENDER, FREEDBER and COLVILLE, JJ.
Opinion by: BENDER, J.
Richard Moore, Appellant, appeals from the judgment of sentence of three to six years’ incarceration, imposed after he was convicted of possession with intent to deliver (PWID) a controlled substance. On appeal, Moore contends that the trial court erred in denying his pre-trial motion to suppress evidence. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. FELIX DAVID RIVERA

COMMONWEALTH OF PENNSYLVANIA v. FELIX DAVID RIVERA No. 344 MDA 2010 2010 PA Super 237 Atlantic: n/a Filed: 12/17/2010
	Appeal from the PCRA Order of February 17, 2010 in the Court of Common Pleas of Lancaster County, Criminal Division, Nos. CR-0000113-07, CP-36-0002586-2007
Before: MUSMANNO, BENDER, and LAZARUS, JJ.
Opinion by: LAZARUS, J.
Felix David Rivera appeals from the order dismissing his amended petition under the Post Conviction Relief Act, 42 Pa.C.S.A. §9541, et seq. After careful consideration, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. DAMON L. BENSON

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COMMONWEALTH OF PENNSYLVANIA v. DAMON L. BENSON No. 3645 EDA 2009 2010 PA Super 234 Atlantic: n/a Filed: 12/16/2010
	Appeal from the Judgment of Sentence July 6, 2009, In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CR-0000050-08, CP-46-CR-0004962-2008
Before: LAZARUS, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Damon Benson appeals from the judgment of sentence entered on July 6, 2009, by the Court of Common Pleas of Montgomery County. We affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON

COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON No. 2724 EDA 2008 2010 PA Super 233 Atlantic: n/a Filed: 12/15/2010
	Appeal from the Judgment of Sentence of August 18, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division, No. CP-51-CR-0010866-2007
Before: FORD ELLIOTT, P.J., and STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS and MUNDY, JJ.
Opinion by: PANELLA, J.
Concurring Statement by: FORD ELLIOT, P.J.
Dissenting Opinion by: LAZARUS, J.
This is an appeal from an order of the Philadelphia Gun Court which authorized random, warrantless searches as a condition of probation and parole for Appellant, David A. Wilson. Wilson raises a number of challenges to this condition, imposed by the Honorable Susan I. Shulman, on August 18, 2008, in the Court of Common Pleas of Philadelphia County. After careful review, we affirm the condition as it applies to the probationary sentence, but are required to vacate with respect to the state parole aspect of the sentence.

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COMMONWEALTH OF PENNSYLVANIA v. ABRAHAM GONZALEZ

COMMONWEALTH OF PENNSYLVANIA v. ABRAHAM GONZALEZ No. 687 EDA 2009 2010 PA Super 229 Atlantic: n/a Filed: 12/13/2010 Appeal from the Judgment of Sentence entered January 23, 2009, in the Court of Common Pleas, Philadelphia County, Criminal, No. CP-51-CR-0307451-2006 Before: FORD ELLIOTT, P.J., BOWES, J., and McEWEN, P.J.E. Opinion by: McEWEN, P.J.E. Dissenting Opinion by: BOWES, J. Appellant, Abraham Gonzalez, here appeals from the judgment of sentence to serve a term of imprisonment of from two and one-half years to six years, a sentence imposed after he pleaded guilty to one count of possession of a controlled substance (heroin) with intent to deliver. We vacate the judgment of sentence and remand for resentencing.
	Appeal from the Judgment of Sentence entered January 23, 2009, in the Court of Common Pleas, Philadelphia County, Criminal, No. CP-51-CR-0307451-2006

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COMMONWEALTH OF PENNSYLVANIA v. JOHN RUGGIANO, JR.

COMMONWEALTH OF PENNSYLVANIA v. JOHN RUGGIANO, JR. No. 1991 EDA 2009 2010 PA Super 230 Atlantic: n/a Petition for Reargument Filed 12/23/2010 Filed: 12/13/2010
	Appeal from the Judgment of Sentence of June 10, 2009 In the Court of Common Pleas of Bucks County, Criminal Division, Nos. CR-0000275-07, CP-09-CR-0008265-2007
Before: LAZARUS, OLSON, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
John Ruggiano, Jr. appeals from the judgment of sentence entered in the Court of Common Pleas of Bucks County. Because we find that the trial court improperly precluded evidence pursuant to the Rape Shield Law, 42 Pa.C.S.A. § 3104, we reverse and remand for a new trial.

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IN RE: R.G. APPEAL OF: R.G.

IN RE: R.G. APPEAL OF: R.G. No. 394 EDA 2010 2010 PA Super 228 Atlantic: n/a Filed: 12/10/2010
	Appeal from the Order Entered January 5, 2010, Court of Common Pleas, Chester County, Criminal Division, at No. 120 PMT 1978.
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Appellant, R.G., appeals from the order denying his request to have 50 P.S. §§ 7301(b)(1) and 7304 of the Mental Health Procedures Act (“MHPA”), 50 P.S. § 7101 et seq., declared unconstitutional. For the reasons that follow, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. KEVIN MICHAEL JACKSON

COMMONWEALTH OF PENNSYLVANIA v. KEVIN MICHAEL JACKSON No. 274 and 337 WDA 2010 2010 PA Super 226 Atlantic: n/a Filed: 12/8/2010
	Appeal from the Order January 19, 2010, Court of Common Pleas, Erie County, Criminal Division at Nos. CR-0000011-09 - CP-25-CR-0000622-2009
Before: MUSMANNO, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
This is an appeal from an order finding that the attachment of double jeopardy prohibited the criminal prosecution of Kevin Michael Jackson (“Jackson”) for certain offenses which had previously served as the basis for a finding of indirect criminal contempt of an order granted under the Protection from Abuse Act (“PFA order”). Following our review, we affirm in part, reverse in part, and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. GARY JAMAL JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. GARY JAMAL JOHNSON No. 2079 MDA 2009 2010 PA Super 225 Atlantic: n/a Filed: 12/7/2010
	Appeal from the Order entered November 12, 2009 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0001947-2009
Before: PANELLA, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: PANELLA, J.
The Commonwealth appeals from the order entered on November 12, 2009, by the Honorable Michael T. Toole, Court of Common Pleas of Luzerne County, which granted the motion of Appellee, Gary Jamal Johnson, to dismiss the Criminal Information docketed at No. 1947 of 2009. After careful review, we are compelled to reverse.

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL GRIFFITHS, III

COMMONWEALTH OF PENNSYLVANIA v. DANIEL GRIFFITHS, III No. 40 MDA 2010 2010 PA Super 223 Atlantic: n/a Filed: 12/6/2010
	Appeal from the Order entered December 10, 2009 In the Court of Common Pleas of Lackawanna County Criminal, Nos. 1995-454 CP-35-CR-0000454-1995
Before: BENDER, GANTMAN, AND MUNDY, JJ.
Opinion by: GANTMAN, J.
Appellant, Daniel Griffiths III, appeals from the order entered in the Lackawanna County Court of Common Pleas, which found him in contempt for nonpayment of restitution. Appellant asks us to determine whether the court had continued authority to enforce its original restitution order and to find Appellant in contempt for failing to comply with that order. We hold that the court retained the authority to enforce its restitution order and to find Appellant in contempt for failing to comply with his restitution obligations. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ABDIRISAK MOHAMUD

COMMONWEALTH OF PENNSYLVANIA v. ABDIRISAK MOHAMUD No. 259 WDA 2010 2010 PA Super 224 Atlantic: n/a Filed: 12/6/2010
	Appeal from the Judgment of Sentence January 14, 2010, Court of Common Pleas, Butler County, Criminal Division at Nos. CR-0000117-09 - CP-10-CR-0000930-2009
Before: MUSMANNO, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
Appellant, Abdirisak Mohamud (“Mohamud”), appeals from the trial court’s January 14, 2010 sentence imposing 246 to 492 days of imprisonment, followed by two years of probation for possession with intent to deliver a controlled substance. Mohamud challenges Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act (“the Act”), 35 P.S. § 780-101 - § 780-141, as violative of the Due Process Clause of the Fourteenth Amendment to the United States Constitution for lack of fair warning of the proscribed conduct for which he was convicted. After careful analysis, we affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. NICHOLAS RUFFIN

COMMONWEALTH OF PENNSYLVANIA v. NICHOLAS RUFFIN No. 2198 EDA 2009 2010 PA Super 220 Atlantic: n/a Filed: 12/1/2010
	Appeal from the Judgment of Sentence June 25, 2009 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CR-0000080-09, CP-09-CR-0002124-2009
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: PANELLA, J.
Appellant, Nicholas Ruffin, appeals the judgment of sentence entered on June 25, 2009, by the Honorable Rea Behney Boylan, Court of Common Pleas of Bucks County. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ROBERT STEPHEN KANE

COMMONWEALTH OF PENNSYLVANIA v. ROBERT STEPHEN KANE No. 1833 MDA 2009 2010 PA Super 218 Atlantic: n/a Filed: 11/29/2010
	Appeal from the Judgment of Sentence of April 21, 2009, in the Court of Common Pleas of Lackawanna County, Criminal Division, at Nos. CR-0000157-08 P-35-CR-0002392-2008
Before: ALLEN, MUNDY and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from the judgment of sentence imposed following Appellant’s convictions of attempted burglary, attempted criminal trespass, terroristic threats, recklessly endangering another person and criminal mischief. Appellant raises multiple issues for our review.

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL PATRICK CAULEY

COMMONWEALTH OF PENNSYLVANIA v. DANIEL PATRICK CAULEY No. 270 WDA 2010 2010 PA Super 217 Atlantic: n/a Filed: 11/29/2010
	Appeal from the Judgment of Sentence entered January 26, 2010 In the Court of Common Pleas of Westmoreland County Criminal No(s).: CP-65-CR-0000856-2009; CR-0000014-09
Before: BOWES, ALLEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Daniel Patrick Cauley, appeals from the judgment of sentence entered in the Westmoreland County Court of Common Pleas, following his conviction for driving under the influence, highest rate of alcohol. Appellant contends on appeal that the police did not have reasonable suspicion to conduct field sobriety tests. We hold that police officers may conduct sobriety tests after a citizen effectuates an encounter when the officer observes evidence of alcohol intoxication as a result of the encounter, and the officer observed the citizen driving a vehicle immediately prior to the encounter. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. GEORGE M. DURHAM

COMMONWEALTH OF PENNSYLVANIA v. GEORGE M. DURHAM No. 422 WDA 2010 2010 PA Super 216 Atlantic: n/a Filed: 11/23/2010
	Appeal from the Order Entered January 22, 2010, Court of Common Pleas, Beaver County, Criminal Division, at No. CP-04-CR-0001860-2007.
Before: PANELLA, SHOGAN and CLELAND, JJ.
Opinion by: SHOGAN, J.
Appellant, George M. Durham, appeals from the order denying his pro se motion for return of property. We affirm.

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IN RE YORK COUNTY DISTRICT ATTORNEY’S OFFICE APPEAL OF: YORK COUNTY DISTRICT ATTORNEY’S OFFICE

IN RE YORK COUNTY DISTRICT ATTORNEY’S OFFICE APPEAL OF: YORK COUNTY DISTRICT ATTORNEY’S OFFICE No. 1717 MDA 2009 2010 PA Super 214 Atlantic: n/a Filed: 11/19/2010
	Appeal from the Judgment of Sentence August 4, 2009, In the Court of Common Pleas of York County Criminal Division at No(s): CP-67-MD00001461-2009
Before: BENDER, GANTMAN, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
The York County District Attorney’s Office (“Commonwealth”) appeals from the Order entered August 4, 2009, finding that it committed contempt and imposing a $5,000.00 sanction. For the reasons discussed below, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. ROBERT MAZZETTI

COMMONWEALTH OF PENNSYLVANIA v. ROBERT MAZZETTI No. 1303 MDA 2009 2010 PA Super 211 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Order entered on July 7, 2009 in the Court of Common Pleas of Centre County, Criminal Division, No. CP-14-CR-0001940-2008
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: MUSMANNO, J.
The Commonwealth of Pennsylvania appeals from the Order revoking the probation of Robert Mazzetti (“Mazzetti”), arguing that the trial court erred in denying the Commonwealth’s request that it impose the mandatory minimum sentence on Mazzetti’s underlying conviction. We affi

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL THUC GARANG

COMMONWEALTH OF PENNSYLVANIA v. DANIEL THUC GARANG No. 120 WDA 2010 2010 PA Super 209 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Judgment of Sentence October 23, 2009 In the Court of Common Pleas of Erie County Criminal Division at No(s): CP-25-CR-0000309-2009
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Erie County on October 23, 2009, at which time Appellant Daniel Thuc Garang (hereinafter “Appellant”) was sentenced to an aggregate term of thirteen (13) years nine (9) months to thirty-two (32) years in prison. Appellant’s counsel also has filed a petition to withdraw and a brief under Anders v. California, 386 U.S. 738 (1967); Commonwealth v. McClendon, 434 A.2d 1185 (Pa. 1981); Commonwealth v. McFarland, 562 A.2d 369 (Pa. Super. 1989); and Commonwealth v. Wilson, 578 A.2d 523 (Pa. Super. 1990). Upon a review of the record, we grant counsel’s petition and affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. RONALD EUGENE LOMAX

COMMONWEALTH OF PENNSYLVANIA v. RONALD EUGENE LOMAX No. 988 WDA 2009 2010 PA Super 210 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Sentencing May 7, 2009 In the Court of Common Pleas of Erie County Criminal No. CP-25-CR-0002564-2008
Before: ALLEN, MUNDY and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Ronald Eugene Lomax, appeals from the judgment of sentence entered in the Erie County Court of Common Pleas. We hold, inter alia, that the crimes of rape of a child and indecent assault merge for sentencing purposes. Accordingly, we affirm in part and vacate in part.

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