COMMONWEALTH OF PENNSYLVANIA v. LESLIE DENIER MOLLETT

COMMONWEALTH OF PENNSYLVANIA v. LESLIE DENIER MOLLETT No. 170 WDA 2008 2010 PA Super 153 Atlantic: n/a Filed: 8/17/2010
	Appeal from the Judgment of Sentence of December 20, 2007, in the Court of Common Pleas of Allegheny County, Criminal Division, at No: CP-02-CR-0000254-2006
Before: BOWES, GANTMAN, and PANELLA, JJ.
Opinion by: BOWES, J.
Leslie Denier Mollett appeals from the judgment of sentence of life imprisonment and a consecutive term of incarceration of thirteen to twenty-six years imposed after a jury convicted him of first degree murder, carrying a firearm without a license, disarming a law enforcement officer, fleeing or attempting to elude a police officer, resisting arrest, and persons not to possess a firearm. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD TAGGART

COMMONWEALTH OF PENNSYLVANIA v. RICHARD TAGGART No. 548 EDA 2008 2010 PA Super 110 Atlantic: n/a Filed: 6/17/2010
	Appeal from the Judgment of Sentence January 11, 2008, Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR-1206051-2005
Before: FORD ELLIOTT, P.J., PANELLA and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Appellant, Richard Taggart (“Taggart”) appeals from the trial court’s January 11, 2008 judgment of sentence. The trial court imposed an aggregate six to 12 years of incarceration followed by 5 years of probation for persons not to carry firearms, carrying a firearm without a license, carrying a firearm on public streets in Philadelphia, and carrying a firearm with an obliterated serial number. We affirm in part, vacate in part, and remand.

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COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON

COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON No. 574 EDA 2007 2010 PA Super 109 Atlantic: n/a Filed: 6/15/2010
	Appeal from the Judgment of Sentence February 1, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0303761-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: STEVENS, J.
Deiyo Dixon appeals from the judgment of sentence imposed by the Court of Common Pleas of Philadelphia County. We have granted en banc review to address suppression and sentencing issues raised by Dixon. Following careful examination of the record before us, as well as pertinent case and statutory law, we find no error on the part of the lower court, and affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. JAMAR DOWNING

COMMONWEALTH OF PENNSYLVANIA v. JAMAR DOWNING No. 1629 EDA 2007 2010 PA Super 23 Atlantic: n/a Filed: 2/23/2010
	Appeal from the Judgment of Sentence March 30, 2007 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-13000964-2006
Before: STEVENS, SHOGAN, and COLVILLE, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: COLVILLE, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant’s conviction on the charges of carrying a firearm without a license, 18 Pa.C.S.A. § 6106, and carrying a firearm on the public streets of Philadelphia, 18 Pa.C.S.A. § 6108. On appeal, Appellant challenges the discretionary aspects of his sentence. Specifically, Appellant contends (1) the trial court abused its discretion in considering an improper factor in sentencing Appellant at the top of the aggravated range in that the trial court’s finding that Appellant possessed the gun for a “criminal purpose” is not supported by the record, (2) the trial court abused its discretion in failing to consider Appellant’s rehabilitative needs and the protection of society, and (3) the trial court abused its discretion in failing to consider Appellant’s particular characteristics. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BOZYK

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BOZYK No. 3560 EDA 2006 2009 PA Super 247 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment of Sentence November 21, 2006, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0312201-2006.
Before: STEVENS, BOWES AND FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring Statement by: FITZGERALD, J.
Michael Bozyk appeals from the judgment of sentence of three and one-half to seven years imprisonment that was imposed after he was convicted by a jury of carrying an unlicensed firearm and carrying a firearm on a public street or property in Philadelphia. We reject Appellant’s assertion that his cross-examination of a police officer was improperly curtailed in violation of his Sixth Amendment Confrontation Clause rights; we therefore affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD THOMAS

COMMONWEALTH OF PENNSYLVANIA v. RICHARD THOMAS No. 1155 EDA 2008 2009 PA Super 245 Atlantic: n/a Filed: 12/16/2009
	Appeal from the Judgment of Sentence of March 5, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0002796-2007.
Before: ORIE MELVIN, BOWES and DONOHUE, JJ.
Opinion by: BOWES, J.
Richard Thomas appeals from the judgment of sentence imposed after he was convicted at a bench trial of persons not to possess firearms under 18 Pa.C.S. § 6105. We affirm.

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VALERIE L. BEASTON v. GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA IN RE: GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA

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VALERIE L. BEASTON v. GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA IN RE: GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA No. 1880 and 1894 MDA 2007 2009 PA Super 243 Atlantic: n/a Filed: 12/15/2009
	Appeal from the Order Entered October 9, 2007, Court of Common Pleas, Cumberland County, Civil Division, at No. 2005-2091 Civil Term and CP-21-MD-0000826-2007.
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, and ALLEN, JJ.
Opinion by: SHOGAN, J.
Appellant, the Commonwealth of Pennsylvania (“the Commonwealth”), appeals from the orders entered on October 9, 2007 (1880 MDA 2007) and November 7, 2007 (1894 MDA 2007) in the Cumberland County Court of Common Pleas. After careful review, we reverse the order appealed at 1880 MDA 2007 and remand with instructions, and we vacate the order appealed at 1894 MDA 2007.

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COMMONWEALTH OF PENNSYLVANIA v. LEVON MANLEY

COMMONWEALTH OF PENNSYLVANIA v. LEVON MANLEY No. 3187 EDA 2007 2009 PA Super 227 Atlantic: n/a Filed: 11/30/2009
	Appeal from the Judgment of Sentence Entered October 26, 2007, Court of Common Pleas, Philadelphia County, Criminal Division, at No CP-51-CR-0501841-2006.
Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Appellant, Levon Manley, appeals from the October 26, 2007 judgment of sentence entered in the Court of Common Pleas of Philadelphia County. Appellant was sentenced to concurrent terms of incarceration of eighteen to thirty-six years for attempted murder, seven to twenty years for aggravated assault, three and one-half to seven years for carrying firearms without a license, and one and one-half to five years for possessing instruments of crime. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v.GARY WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v.GARY WILLIAMS No. 1751 EDA 2008 2009 PA Super 176 Atlantic: 980 A.2d 667 Filed: 9/4/2009
	Appeal from the Judgment of Sentence May 29, 2008 in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0009046-2007
Before: KLEIN, BENDER and CLELAND, JJ.
Opinion by: BENDER, J.
Gary Williams (Appellant) appeals the judgment of sentence imposed following his convictions for three violations of the Uniform Firearms Act, specifically, Persons Not to Possess Firearms, Firearms Not to be Carried Without a License, and Carrying Firearms on Public Streets in Philadelphia. See 18 Pa.C.S. §§ 6105, 6106, and 6108. Appellant challenges the trial court’s refusal to suppress certain evidence seized following his arrest, contending that the police stopped him without reasonable suspicion. Appellant also asserts that it was erroneous for the trial court to impose two consecutive terms of incarceration for offenses that should have merged for the purposes of sentencing. We find no merit in Appellant’s claims, and therefore affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. STEPHEN FOGLIA

COMMONWEALTH OF PENNSYLVANIA v. STEPHEN FOGLIA No. 2079 EDA 2007 2009 PA Super 138 Atlantic: 979 A.2d 357 Filed: 7/21/2009
	Appeal from the Judgment of Sentence of May 31, 2007, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-1301295-2006
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: DONOHUE, J.
On appeal, Stephen Foglia challenges the constitutionality of a police interdiction that led to the discovery of his possession of an unlicensed firearm. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. SUE ZORTMAN

COMMONWEALTH OF PENNSYLVANIA v. SUE ZORTMAN No. 368 WDA 2008 2009 PA Super 139 Atlantic: n/a Petition for Reargument Denied 9/22/2009 Filed: 7/20/2009
	Appeal from the Judgment of Sentence of January 31, 2008, in the Court of Common Pleas of Clearfield County, Criminal Division, at No. CP-17-CR-0000061-2007.
Before: BOWES, FREEDBERG AND POPOVICH, JJ.
Opinion by: BOWES, J.
Dissenting Opinion Opinion by: POPOVICH, J.
The Commonwealth appeals the sentencing court’s refusal to apply the mandatory minimum sentencing provision of 42 Pa.C.S. § 9712.1. We vacate the judgment of sentence and remand for sentencing in accordance with that statute.

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COMMONWEALTH OF PENNSYLVANIA v. WAYNE MCKIBBEN

COMMONWEALTH OF PENNSYLVANIA v. WAYNE MCKIBBEN No. 882 EDA 2008 2009 PA Super 130 Atlantic: 977 A.2d 1188 Filed: 7/14/2009
	Appeal from the Judgment of Sentence February 21, 2008 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0008571-2007
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
The Commonwealth appeals from the Judgment of Sentence entered on February 21, 2008, in the Court of Common Pleas of Philadelphia County at which time the trial court sentenced Wayne McKibben (hereinafter “Appellee”) to an aggregate prison term of three (3) years to six (6) years in prison, a $15,000 fine, and $1,625 in court costs. Following our review of the record, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. ELI GARRETT BROUGHER

COMMONWEALTH OF PENNSYLVANIA v. ELI GARRETT BROUGHER No. 954 MDA 2008 2009 PA Super 131 Atlantic: 978 A.2d 373 Filed: 7/13/2009
	Appeal from the Judgment of Sentence May 2, 2008 In the Court of Common Pleas of Perry County Criminal No. CP-50-CR-0000445-2007
Before: PANELLA, SHOGAN and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Eli Garrett Brougher, appeals from the judgment of sentence entered in the Perry County Court of Common Pleas. The issue presented on appeal is whether an unloaded toy pistol, designed to shoot small plastic pellets, constitutes a deadly weapon for purposes of the deadly weapons enhancement. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. GREGORY MEARS

COMMONWEALTH OF PENNSYLVANIA v. GREGORY MEARS No. 1003 EDA 2008 2009 PA Super 83 Atlantic: 972 A.2d 1210 Filed: 5/4/2009
	Appeal from the Judgment of Sentence Entered March 18, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. CP-51-CR-0010314-2007.
Before: KLEIN, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Appellant, Gregory Mears, appeals from the judgment of sentence entered on March 18, 2008, in the Philadelphia County Court of Common Pleas. After careful review, we vacate in part and affirm in part.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER

COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER No. 1016 EDA 2007 2009 PA Super 18 Atlantic: 971 A.2d 495 Filed: 1/30/2009
	Appeal from the Judgment of Sentence of October 23, 2006 in the Court of Common Pleas of Carbon County, Criminal, No. CP-13-CR-0000267-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: KLEIN, J.
Concurring Opinion by: CLELAND, J.
Dissenting Opinion by: STEVENS, J.
Wendy Colleen Kneller appeals from a conviction for criminal conspiracy to commit cruelty to animals, in violation of Title 3, Section 325 of the Dog Law, for providing a gun and asking co-owner, Randy Miller, to kill their dog after it bit Kneller’s child. We note that the statutory language of section 325, et seq., titled “Destruction of Injured, Etc., Animals,” is not merely unclear on its face but, upon further analysis, can only be characterized as confusing. Moreover, since these various sections of the Dog Law, when read together in a reasonable manner, permit a dog owner to destroy a dog by use of a firearm, we find that the entire Dog Law is ambiguous, and under the rule of lenity, no criminal conviction under that section can stand if an owner shoots his or her dog or cat. Therefore, we reverse Kneller’s conviction.

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