Commonwealth v. Lineman, 091619 PASUP, 1326 EDA 2018

Docket Nº:1326 EDA 2018
Opinion Judge:PANELLA, P.J.
Party Name:COMMONWEALTH OF PENNSYLVANIA v. ANDREW LINEMAN Appellant
Judge Panel:BEFORE: PANELLA, P.J., GANTMAN, P.J.E., and PELLEGRINI , J.
Case Date:September 16, 2019
Court:Superior Court of Pennsylvania
 
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2019 PA Super 283

COMMONWEALTH OF PENNSYLVANIA

v.

ANDREW LINEMAN Appellant

No. 1326 EDA 2018

Superior Court of Pennsylvania

September 16, 2019

Appeal from the Judgment of Sentence March 28, 2018 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0004774-2017

BEFORE: PANELLA, P.J., GANTMAN, P.J.E., and PELLEGRINI [*] , J.

OPINION

PANELLA, P.J.

Andrew Lineman appeals from the judgment of sentence entered following his conviction for Violation of the Uniform Firearms Act, 18 Pa.C.S.A. § 6105 ("VUFA"). Lineman contends his conviction was against the sufficiency and weight of the evidence presented at trial. We affirm.

On November 27, 2017, Lineman appeared for a waiver trial on charges of illegally possessing a firearm. The trial court summarized the facts of this case as follows. On May 17, 2017, Philadelphia Police Officer Brian Benz was on routine patrol when he received a radio call indicating that a male was screaming for assistance in the area of 6th and Cumberland Streets in Philadelphia. The officer proceeded to that location and observed [Lineman] and another male struggling on the ground. [Lineman] was lying on the ground and the other male was on top of him. Officer Benz ordered the male to get off of [Lineman]. As [Lineman] began to stand Officer Benz heard the sound of metal scraping the ground, drawing the officer's attention to [Lineman's] hand. In his hand, Officer Benz saw an Uzi handgun. The officer immediately pushed [Lineman] to the ground at which time another police officer kicked the gun from [Lineman's] hand.1Officer [Benz] testified that [Lineman] was holding the gun as if preparing to shoot someone.2 [Lineman] said nothing, appeared to be under the influence, and had a strong chemical odor emanating from him.3 In addition, [Lineman] was bleeding from his face and was taken for treatment by medical personnel. Calvin Bonaparte, the other male, did not talk to police and he appeared uninjured. Bonaparte left after it was determined that there was no reason to hold him. By way of a stipulation, the parties agreed that [Lineman] was not eligible to possess a firearm.

[Lineman] testified in his own defense, stating that on the day of the incident he and Bonaparte, a long-time acquaintance, planned to share a bottle of liquor when Bonaparte began acting strangely while driving in [Lineman's] vehicle. [Lineman] told Bonaparte that he decided to drive him home.

According to [Lineman], Bonaparte pulled out a gun. [Lineman] then asked Bonaparte what was up and Bonaparte hit him in the face with the gun, breaking his nose and cutting him. After Bonaparte struck him, [Lineman] attempted to wrestle the gun away from him. [Lineman] testified that he yelled for help and managed to get the better of Bonaparte. Once he did so, he opened the door to the car and both men tumbled out with Bonaparte landing on top. The police arrived while the two men were fighting.

Trial Court Opinion, filed...

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