Commonwealth v. Taylor, 060220 PASUP, 1397 WDA 2019

Docket Nº:1397 WDA 2019, 1398 WDA 2019, 1399 WDA 2019, 1474 WDA 2019
Opinion Judge:DUBOW, J.
Party Name:COMMONWEALTH OF PENNSYLVANIA v. KEVIN ERNEST TAYLOR Appellant COMMONWEALTH OF PENNSYLVANIA v. KEVIN ERNEST TAYLOR Appellant COMMONWEALTH OF PENNSYLVANIA v. KEVIN ERNEST TAYLOR Appellant COMMONWEALTH OF PENNSYLVANIA v. KEVIN ERNEST TAYLOR Appellant
Judge Panel:BEFORE: LAZARUS, J., DUBOW, J., and MUSMANNO, J.
Case Date:June 02, 2020
Court:Superior Court of Pennsylvania
 
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COMMONWEALTH OF PENNSYLVANIA

v.

KEVIN ERNEST TAYLOR Appellant

COMMONWEALTH OF PENNSYLVANIA

v.

KEVIN ERNEST TAYLOR Appellant

COMMONWEALTH OF PENNSYLVANIA

v.

KEVIN ERNEST TAYLOR Appellant

COMMONWEALTH OF PENNSYLVANIA

v.

KEVIN ERNEST TAYLOR Appellant

Nos. 1397 WDA 2019, 1398 WDA 2019, 1399 WDA 2019, 1474 WDA 2019

Superior Court of Pennsylvania

June 2, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered September 11, 2019 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0001470-2016, CP-02-CR-0005526-2016

Appeal from the Judgment of Sentence Entered August 6, 2019 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0015237-2016, CP-02-CR-0003879-2016

BEFORE: LAZARUS, J., DUBOW, J., and MUSMANNO, J.

MEMORANDUM

DUBOW, J.

In this consolidated appeal, Appellant Kevin Ernest Taylor appeals from the Judgments of Sentence entered on September 11, 2018 in the Court of Common Pleas of Allegheny County. Appellant challenges the discretionary aspect of the sentences imposed in each case, and the sufficiency of the evidence at Docket Number 3879-2016 ("Case 3879"). After careful review, we affirm Appellant's convictions, but remand for resentencing at Docket Numbers 1470-2016, 5526-2016, and 15237-2016 (collectively, the "PWID cases").

We derive the following facts from the Affidavit of Probable Cause, which the parties stipulated to at Appellant's bench trial in Case 3879. On March 19, 2016, Stowe Township police officer Robert Breitbarth was on routine patrol when he observed a black SUV make a U-turn, then cross the double yellow line multiple times. Officer Breitbarth stopped the vehicle and called Officer Desimone as backup.

Appellant was alone in the vehicle. As Officer Breitbarth spoke with Appellant, Officer Desimone saw multiple stamp bags in the back pouch of the passenger's seat. Police searched Appellant's vehicle and found one unmarked stamp bag containing heroin on the driver's seat, a red cut straw containing white residue in the driver's door, 21 unmarked stamp bags containing heroin in the back pouch of the passenger's seat, and a stolen firearm with the bags in the back pouch. Police arrested Appellant for possession of narcotics and possessing a stolen firearm.

The Commonwealth charged Appellant with two counts of Possession of a Controlled Substance and one count each of Possession of Drug Paraphernalia, Persons Not to Possess a Firearm, Carrying a Firearm Without a License, Careless Driving, and Driving on a Roadway Laned for Traffic at Case 3879.1 The case proceeded to a non-jury trial on June 20, 2018, where, in addition to the Affidavit of Probable Cause, the parties stipulated that a prior criminal conviction made Appellant ineligible to carry a firearm and Appellant was the registered owner of the vehicle that he was driving. N.T. Trial, 6/20/18, at 6-7.

The trial court found Appellant guilty of all charges. The court ordered a pre-sentence investigation ("PSI") report and deferred sentencing to September 11, 2018.

At sentencing, Appellant pled guilty to separate counts of Possession with Intent to Distribute ("PWID") in four additional cases, including the three PWID cases at issue in this appeal.2 Appellant also pled guilty to one count of Driving under the Influence of a Controlled Substance ("DUI").3

At Case 3879, the court sentenced Appellant to four to eight years' incarceration for the Persons Not to Possess a Firearm conviction, $60 in fines for the driving offenses, and no further penalty for the other convictions. In the PWID cases, the court sentenced Appellant to four to eight years' incarceration for each drug conviction to be served concurrently with the sentence in Case 3879.4 Thus, Appellant's aggregate term of incarceration is four to eight years.

On July 10, 2019, following post-conviction relief proceedings, the trial court reinstated Appellant's post-sentence and appellate rights nunc pro tunc. Appellant timely filed Post-Sentence Motions, which the trial court denied on August 6, 2019. Appellant thereafter timely filed a Notice of Appeal and Rule 1925(b) Statement at each Docket Number. Appellant presents the following issues for our review:

1.Was the evidence insufficient as a matter of law to law to [sic] sustain the convictions at [Docket Number 3879-2016] for Person[s] Not to Possess a Firearm; Firearms Not to be Carried Without a License; two counts of Possession of a Controlled Substance; and Possession of [Drug] Paraphernalia?

2. Were the sentences imposed on [Appellant] at [Docket Numbers 1470-2016, 5526-2016, 15237-2016...

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