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. ROSS RHOADES JR.

COMMONWEALTH OF PENNSYLVANIA v. ROSS RHOADES JR. No. 156 EDA 2010 2010 PA Super 204 Atlantic: n/a Filed: 11/12/2010
	Appeal from the Judgment of Sentence entered October 5, 2009 In the Court of Common Pleas of Montgomery County Criminal at No(s): CR-0000048-08; CP-46-CR-0002575-2008
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: PANELLA, J.
Appellant, Ross Rhoades, appeals from the judgment of sentence entered on October 5, 2009, by the Honorable Paul W. Tressler, Court of Common Pleas of Montgomery County. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP

COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP No. 1507 MDA 2009 2010 PA Super 111 Atlantic: n/a Filed: 6/18/2010
	Appeal from the Judgment of Sentence entered July 24, 2009 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0000081-2007
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
Sean Eugene Tapp appeals the judgment of sentence imposed following his conviction on retrial of Possession With Intent to Deliver, 35 P.S. § 780-113(a)(30). The sentencing judge imposed a term of incarceration double that imposed after the first trial, consigning Tapp to the statutory maximum sentence of ten to twenty years. Tapp now contends that the sentence imposed was presumptively vindictive pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), and argues that the trial court failed to provide an adequate explanation for the sentence imposed, thus violating the holding in Pearce. We find Tapp’s contention without merit. Accordingly, we affirm his judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. TRACY DANIELS

COMMONWEALTH OF PENNSYLVANIA v. TRACY DANIELS No. 3477 EDA 2008 2010 PA Super 112 Atlantic: n/a Filed: 6/18/2010
	Appeal from the Judgment of Sentence Entered June 5, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. CP-51-CR-0007123-2007.
Before: SHOGAN, POPOVICH and CLELAND, JJ.
Opinion by: SHOGAN, J.
Appellant, Tracy Daniels, appeals from the judgment of sentence entered on June 5, 2008 in the Philadelphia County Court of Common Pleas. Appellant’s counsel has filed a petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). For the reasons that follow, we affirm the judgment of sentence and grant counsel’s petition to withdraw.

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COMMONWEALTH OF PENNSYLVANIA v. RYFEE CRUMP

COMMONWEALTH OF PENNSYLVANIA v. RYFEE CRUMP No. 2841 EDA 2008 2010 PA Super 101 Atlantic: n/a Filed: 5/28/2010
	Appeal from the Judgment of Sentence of September 9, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0407621-2004.
Before: BOWES, GANTMAN, and KELLY, JJ.
Opinion by: BOWES, J.
Appellant, Ryfee Crump, appeals from the judgment of sentence imposed after the trial court revoked an earlier sentence of probation. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. FREDERICK HANSLEY

COMMONWEALTH OF PENNSYLVANIA v. FREDERICK HANSLEY No. 845 MDA 2009 2010 PA Super 81 Atlantic: n/a Filed: 5/5/2010
	Appeal from the Judgments of Sentence Entered April 29, 2009 In the Court of Common Pleas of Lebanon County Criminal Division at Nos.: CP-38-CR-0001808-2008 CP-38-CR-0001809-2008
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
In this appeal we consider whether a trial court is authorized by law to impose a conditional minimum sentence (RRRI minimum) pursuant to the Recidivism Risk Reduction Incentive Act, 61 Pa.C.S. § 4501 – 4512 (RRRIA), upon a defendant convicted of Possession With Intent to Deliver, 35 P.S. § 780-113(A)(30) (PWID), and sentenced to mandatory minimum terms of incarceration pursuant to 18 Pa.C.S. §§ 6317 and 7508. We conclude that the court is so empowered by the RRRIA and must specify an RRRI minimum sentence upon determination that the defendant is statutorily eligible pursuant to 61 Pa.C.S. § 4503. In addition, we hold that a defendant who meets all other criteria for eligibility under the RRRIA is not rendered ineligible by the imposition of a mandatory minimum sentence under 18 Pa.C.S. § 7508 unless that sentence was imposed under subsections (a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii), or 8(iii). See 61 Pa.C.S. § 4503(1)-(6) (disqualifying certain offenders from eligibility). Because the judgment of sentence imposed by the trial court is consistent with this holding, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. SCOTT MARION

COMMONWEALTH OF PENNSYLVANIA v. SCOTT MARION No. 68 MDA 2008 2009 PA Super 174 Atlantic: 981 A.2d 230 Filed: 9/2/2009
	Appeal from the Judgment of Sentence December 11, 2007 In the Court of Common Pleas of Centre County Criminal, Nos. CP-14-CR-0001198-2007and CP-14-CR-0001199-2007
Before: ORIE MELVIN, GANTMAN, AND CLELAND, JJ.
Opinion by: GANTMAN, J.
Appellant, Scott Marion, appeals from the judgment of sentence entered in the Centre County Court of Common Pleas, following his jury trial conviction for delivery of marijuana, possession with intent to deliver a controlled substance (“PWID”), possession of small amount of marijuana for personal use, and criminal use of communication facility. Appellant asks us to determine whether the trial court erred when it (1) directed the jury to continue deliberations; (2) found Appellant failed to establish an entrapment defense; and (3) imposed a mandatory minimum sentence under the “drug-free school zone” sentencing provision at 18 Pa.C.S.A. § 6317. We hold (1) the court’s jury instruction in the face of deadlock was appropriate; (2) Appellant failed to establish an entrapment defense; and (3) the court properly sentenced Appellant under the “drug-free school zone” sentencing provision at 18 Pa.C.S.A. § 6317. Accordingly, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. KENNEDY DECATRICK KEMP

COMMONWEALTH OF PENNSYLVANIA v. KENNEDY DECATRICK KEMP No. 1607 WDA 2006 2008 PA Super 274 Atlantic: 961 A.2d 1247 Filed: 11/26/2008
	Appeal from the Judgment of Sentence of July 25, 2006, in the Court of Common Pleas of Somerset County, Criminal Division, at No. CP-56-CR-0000313-2005.
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD, BOWES, GANTMAN, McCAFFERYand DANIELS, JJ.
Opinion by: BOWES, J.
Concurring Statement by: ORIE MELVIN, J.
Kennedy Decatrick Kemp appeals from the July 25, 2006 judgment of sentence of six to twenty-three months imprisonment followed by two years probation that was imposed after he was convicted at a nonjury trial of possession of a controlled substance, possession of a controlled substance with intent to deliver, and conspiracy. Appellant challenges the constitutionality of the police interdiction that resulted in the seizure of the controlled substance, marijuana. We conclude that Appellant was subjected to a detention that was supported by the existence of reasonable suspicion that he was in possession of a controlled substance. We also conclude that the consent to search the vehicle in question was not constitutionally infirm. Hence, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALLEN TEETER

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALLEN TEETER No. 2005 WDA 2005 2008 PA Super 272 Atlantic: 961 A.2d 890 Filed: 11/18/2008
	Appeal from the Judgment of Sentence August 1, 2005 In the Court of Common Pleas of Bedford County Criminal at No(s): 430 for 2004
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BENDER, BOWES, GANTMAN, and SHOGAN, JJ.
Opinion by: STEVENS, J.
Concurring and Dissenting Opinion by: KLEIN, J.
Defendant Jeffery Teeter appeals from the judgment of sentence entered after a jury convicted him of possession with intent to deliver cocaine (“PWID”), criminal use of a communication facility, possession of a controlled substance, corruption of minors, and possession of drug paraphernalia, charges stemming from his intended sale of drugs at the residential driveway of a 17-year-old buyer. Sentenced to not less than three years or more than six years’ incarceration on PWID, Teeter first claims the trial court erred in imposing an additional two year mandatory sentence under 18 Pa.C.S.A. § 6314(b)(4), a sentencing enhancement for selling drugs within 500 feet of a school bus stop. His second claim challenges the denial of his pretrial motion to suppress evidence obtained from a vehicle search he contends was performed without either probable cause or his voluntary consent. We affirm.

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Superior Court 4/29/08 -COMMONWEALTH OF PENNSYLVANIA v. PATRICK H. OTTERSON

COMMONWEALTH OF PENNSYLVANIA v. PATRICK H. OTTERSON
No. 1968 EDA 2006 2008 PA Super 85 Atlantic: n/a Filed: 4/29/2008
Appeal from the Judgment of Sentence July 20, 2006,In the Court of Common Pleas of Montgomery County,Criminal Division at No. CP-46-CR-0009849-2004.
Before: LALLY-GREEN, GANTMAN and POPOVICH, JJ.
Opinion by: LALLY-GREEN, J.
Appellant Patrick H. Otterson appeals from the judgment of sentence entered on July 20, 2006, in the Court of Common Pleas of Montgomery County, following his conviction for possession with intent to deliver (“PWID”) marijuana, violation of the Uniform Firearms Act, and related offenses. This case is before us once again on remand from our Supreme Court. We affirm.