Commonwealth v. Perkins, 052820 PASUP, 793 EDA 2019

Docket Nº:793 EDA 2019
Opinion Judge:McCAFFERY, J.
Party Name:COMMONWEALTH OF PENNSYLVANIA v. DEVONTE PERKINS Appellant
Judge Panel:BEFORE: BOWES, J., McCAFFERY, J., and MUSMANNO, J.
Case Date:May 28, 2020
Court:Superior Court of Pennsylvania
 
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COMMONWEALTH OF PENNSYLVANIA

v.

DEVONTE PERKINS Appellant

No. 793 EDA 2019

Superior Court of Pennsylvania

May 28, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered February 12, 2019 In the Court of Common Pleas of Delaware County Criminal Division at No(s): CP-23-CR-0006907-2017

BEFORE: BOWES, J., McCAFFERY, J., and MUSMANNO, J.

MEMORANDUM

McCAFFERY, J.

Devonte Perkins (Appellant) appeals from the judgment of sentence entered in the Delaware County Court of Common Pleas, following his jury trial convictions of first-degree murder1 and related offenses. Appellant argues the trial court erred in refusing to provide a voluntary manslaughter jury instruction. We affirm.

On September 19, 2017, the Commonwealth charged Appellant with, inter alia, criminal homicide, first-degree murder, possessing instruments of crime (PIC), receiving stolen property (RSP) (with respect to the gun), persons adjudicated delinquent not to possess firearms, and firearms not to be carried without a license.2 Appellant was 18 years old at the time of the underlying offenses.3 A jury trial commenced on December 3, 2018, at which the Commonwealth presented the following evidence: on June 27, 2017, Blaine Jones, Jr. (Victim) and Latasha Hanson were engaged in a verbal dispute when Hanson threatened him and called Appellant on her cellphone to come to the scene. Appellant and two other men, James Carroll and Everett Wilson, arrived and surrounded Victim. The individuals continued to quarrel. Victim yelled to his father, "Dad, go get your gun." N.T. Jury Trial, 12/3/18, at 48 (testimony of Victim's father). Video surveillance of this encounter showed the group quickly disperse as Carroll sustained a gunshot to his thigh. Appellant crouched behind a parked SUV after this gunshot. N.T. Jury Trial, 12/4/18, at 71 (testimony of Sheriff Joseph McFate explaining details of video as it played). Victim began running away. N.T., 12/3/18, at 53. Appellant then emerged from behind the SUV in a "shooting stance" toward Victim. N.T., 12/4/18, at 65, 74. Appellant began running too and chased after Victim, firing multiple shots and shooting him. N.T., 12/3/18, at 55. Victim's father, who witnessed the entire incident, rushed his son to the hospital where he died.

The assistant medical examiner, presented as a forensic pathology expert witness, testified that Victim sustained gunshot wounds to his upper back and the back of his arm, which were consistent with Victim running and raising his right arm in a defensive posture. N.T. Jury Trial, 12/5/18, at 43-44. Ballistics evidence showed six fired cartridge cases recovered at the crime scene came from the same firearm. Id. at 20, 22-23. At trial...

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