Commonwealth v. Hobel

• Decision Date: 10 May 2022
• Docket Number: 822 WDA 2021, No. 823 WDA 2021, No. 824 WDA 2021, No. 825 WDA 2021,No. 822 WDA 2021
• Citation: Commonwealth v. Hobel, 275 A.3d 1049 (Pa. Super. Ct. 2022)
• Parties: COMMONWEALTH of Pennsylvania v. Shawn A. HOBEL, Appellant Commonwealth of Pennsylvania v. Shawn Aaron Hobel, Appellant Commonwealth of Pennsylvania v. Shawn Aaron Hobel, Appellant Commonwealth of Pennsylvania v. Shawn Aaron Hobel, Appellant
• Court: Pennsylvania Superior Court

275 A.3d 1049

COMMONWEALTH of Pennsylvania

v.Shawn A. HOBEL, Appellant

Commonwealth of Pennsylvania

v.Shawn Aaron Hobel, Appellant

Commonwealth of Pennsylvania

v.Shawn Aaron Hobel, Appellant

Commonwealth of Pennsylvania

v.Shawn Aaron Hobel, Appellant

No. 822 WDA 2021

No. 823 WDA 2021

No. 824 WDA 2021

No. 825 WDA 2021

Superior Court of Pennsylvania.

Submitted February 22, 2022

Filed: May 10, 2022

Christopher P. Lacich, Youngstown, OH, for appellant.

Jennifer A. Buck, Office of the Attorney General, Harrisburg, for Commonwealth, appellee.

Gregory J. Simatic, Office of the Attorney General, Pittsburgh, for Commonwealth, appellee.

BEFORE: OLSON, J., SULLIVAN, J., and PELLEGRINI, J.^*

OPINION BY PELLEGRINI, J.:

In these consolidated appeals, Shawn Aaron Hobel(Hobel) appeals from the judgment of sentence of 20 to 40 years imposed by the Court of Common Pleas of Lawrence County(trial court) after a jury convicted him of robbing three convenience stores and various offenses related to a high-speed chase with the police.On appeal, he raises four challenges.First, he challenges the denial of his suppression motion in which he alleged that the extraterritorial actions of the police in the chase violated the Municipal Police Jurisdiction Act (MPJA), 42 Pa.C.S. §§ 8951 - 8954.Second, he challenges the joinder of his cases for trial.Third, he challenges the sufficiency of the evidence for the robberies because none of the clerks identified him at trial.Finally, he challenges the weight of the evidence for his convictions.We affirm.

I.

Over a 40-hour period in December 2016, a man wearing a gray hoodie and a black mask robbed three convenience stores in Lawrence County with what looked like a black handgun.None of the clerks could identify the robber but the clerk in the last robbery saw the robber get into a dark-colored sedan.As a result, New Castle Police put out a "be on the lookout"(BOLO) to area police departments for the sedan.A few hours later, Officer Michael Lynch(Officer Lynch) of the Shenango Township Police was patrolling when he saw a sedan matching the BOLO.While following the sedan into neighboring Slippery Rock Township, Officer Lynch saw another car parked in the woods; at the time, Hobel was in the car doing drugs with his friend, Elissa Heemer(Heemer).When he saw Officer Lynch turn around, Hobel fled.After going through a stop sign, Hobel sped away swerving across the road.Officer Lynch activated his emergency lights but Hobel would not pull over as he led police on a high-speed chase spanning multiple municipalities and police departments.The chase eventually ended when Corporal James Hoyland(Corporal Hoyland) of the New Castle Police blocked off Hobel's car.With no escape possible, Hobel held a gun to Heemer's head and threatened to kill her.When Hobel disregarded several warnings, Corporal Hoyland shot him six times, following which he was taken to a hospital and survived.

At the scene, Heemer told police that Hobel admitted to her in the car that he had committed several robberies.The police then obtained a search warrant for Hobel's car and found several items connecting him to the robberies: a gray hoodie; a black airsoft gun; black masks; and a pack of cigarettes of the same brand asked for by the robber during one of the robberies.In the meantime, police also recovered Hobel's shoes because they resembled those worn by the robber.

Police filed four complaints against Hobel—three for the robberies and one for the chase.Before trial, Hobel moved to suppress the items recovered, arguing both Officer Lynch and Corporal Hoyland acted extraterritorially in violation of the MPJA.After two hearings, the trial court denied suppression and, upon the Commonwealth's motion, joined the four cases for trial.

Hobel was tried by a jury.In the robbery cases, the jury found him guilty of robbery, theft and receiving stolen property.¹In the other case, the jury found him guilty of terroristic threats, unlawful restraint, reckless endangerment (four counts) and fleeing or attempting to elude police.²Because Hobel had a prior robbery conviction, the Commonwealth sought the mandatory minimum 10-year sentence for the robbery convictions.See42 Pa.C.S. § 9714(a)(1).The trial court imposed consecutive sentences of 10 to 20 years for two of the robberies and concurrent sentences on all remaining charges.Hobel filed post-sentence motions raising, among other claims, sufficiency and weight of the evidence claims.When those motions were denied, he filed a timely appeal that was later dismissed for failure to file a brief.After Hobel's direct appeal rights were reinstated on collateral review, he filed these direct appeals, which we consolidated sua sponte .

II.Suppression

A.Factual Background

Hobel first argues that the trial court erred in denying his suppression motion based on the alleged MPJA violations.³The trial court gave a detailed summary of the evidence at the suppression hearing.

The chase occurred on the night of December 12, 2016, progressing into the morning.(Omnibus Pretrial Hearing, November 28, 2017, p. 5).Shenango Township Police Officer [Lynch] had received information on a series of robberies in the area of Shenango.Id . at 5-6.The 911 Call Center put out a brief description of a vehicle which was possibly involved, describing a brown or dark-in-color four-door sedan.Id . at 6-7.The 911 Call Center dispatch was by the Shenango Township Police Department as well as the New Castle Police Department.Id . at 7.Based on this information, Officer Lynch began looking for the vehicle.Id .At one point during this search, Officer Lynch was near the border of Shenango Township and Slippery Rock Township sitting in the parking lot of a church on the corner of Route 388 and Center Church Road.Id . at 32.Center Church Road runs East-West.It crosses Route 388, running North-South, which constitutes the dividing line between Shenango Township in the West and Slippery Rock Township on the eastern side of 388.Id . at 30-31.This area constituted part of Officer Lynch's routine patrol area.Id . at 44-45.As Officer Lynch was sitting in the church parking lot, he observed a black sedan travelling in Shenango Township heading East on Center Church Road toward Slippery Rock Township.Id . at 32.Officer Lynch left his position at the church parking lot, crossed over 388 and began to follow the black sedan.Id . at 33.

While Officer Lynch was following the black sedan, he noticed another sedan pulled off the road inside a wooded area on Center Church Road.Id . at 8.The wooded area appeared to Officer Lynch to be an abandoned utility pull-off which was once used but now was overgrown.Id . at 10.Officer Lynch noted this was not a location where he would expect a vehicle to be typically sitting.Id .Officer Lynch passed the second vehicle's location by about 100 yards and turned around in the next driveway.Id .It was Officer Lynch's intent at this point to inspect this second vehicle.Id . at 35.The second vehicle turned on its lights and headed toward Route 388 as soon as Officer Lynch turned around.Id .Officer Lynch followed the vehicle returning to Route 388, at which point the vehicle accelerated away from Officer Lynch.Id . at 9.The vehicle proceeded through the stop sign at the intersection of Route 388 and Center Church Road.Id .The vehicle did not stop and turned north onto Route 388.Id .Officer Lynch activated his emergency lights and sirens at this point.Id . at 9, 35-36.Route 388 constituted a rough border of Shenango and Slippery Rock Townships, with some parts of 388 entirely in Shenango, some parts entirely in Slippery Rock, and in some parts 388 runs exactly along the border of the two.

Officer Lynch was able to call into the 911 Call Center and call in the registration of the pursued vehicle.Id .The dispatch center radioed back and identified the owner of the vehicle as [Hobel].Id . at 10-11.Another Shenango Township Police Officer communicated to Officer Lynch that [Hobel] was a possible suspect of robberies being investigated.Id . at 10.Officer Lynch pursued the vehicle to New Butler Road/422, at which point the vehicle made a right turn through a red light and headed toward Interstate 79.Id . at 11.Officer Lynch radioed his dispatch to notify the Pennsylvania State Police the chase was passing into Slippery Rock Township, which they covered.Id . at 12.

Speeds during the chase on 422 ranged from 20 miles per hour to 120 miles per hour.Id . at 12-13.Weather conditions were slightly wet and slippery, it having rained prior to the chase but not during.Id . at 15.The chase continued on 422 eventually leaving Slippery Rock Township until [Hobel] turned onto Interstate 79 South. Id . at 13.It was at this time the Pennsylvania State Police were able to join in the chase.Id .On 1-79 South, [Hobel] would swerve as if he was going to take an exit and then swerve back to continue on 1-79.Id .[Hobel] exited 1-79 at the Evans City/Zelienople exit in Butler County.Id . at 13-14.He proceeded onto Route 19 toward Zelienople, at which point Officer Lynch saw there was no traffic in their path.Id . at 14.The chase continued towards Portersville.Id .

Officer Lynch continued to call out the position of the chase, and although other departments were checking in, the pursuing vehicles were solely Officer Lynch and the State Police.Id . at 15.The departments which checked in were New Wilmington, Union Township, Hickory Township, and New Castle.Id .The chase proceeded on Route 19 through Portersville until [Hobel] turned left onto Route 488.Id . at 16.[Hobel] turned onto another road, which Officer Lynch was not able to identify.Id .The chase was headed back toward Center Church Road at this point, where it began.Id .The chase passed through the intersection of 388 and Center Church Road, but this time [Hobel] headed toward Route 65, continuing on Center

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