Commonwealth v. Wallace
Decision Date | 08 January 2021 |
Docket Number | No. 2427 EDA 2019,2427 EDA 2019 |
Citation | 244 A.3d 1261 |
Parties | COMMONWEALTH of Pennsylvania v. Jamal WALLACE, Appellant |
Court | Pennsylvania Superior Court |
Zak Taylor Goldstein, Philadelphia, for appellant.
Kevin R. Steele, District Attorney, Norristown, for Commonwealth, appellee.
Robert Martin Falin, Assistant District Attorney, Norristown, for Commonwealth, appellee.
Todd N. Barnes, Assistant District Attorney, Norristown, for Commonwealth, appellee.
Jamal Wallace appeals from the judgment of sentence, entered in the Court of Common Pleas of Montgomery County, after a jury convicted him of aggravated assault—serious bodily injury,1 criminal conspiracy,2 persons not to possess a firearm,3 and carrying a firearm without a license.4 Upon careful review, we affirm.
The trial court summarized the facts of this case as follows:
Trial Court Opinion, 10/21/19, at 3-7.
On May 3, 2018, the Norristown Police Department filed a criminal complaint charging Wallace with the above-stated crimes. On October 29, 2018, the trial court ordered that Wallace's case be consolidated with co-defendant Clary's case. On March 7, 2019, following trial, a jury convicted Wallace of each charge. On May 23, 2019, the trial court imposed the following, consecutive sentences: ten to twenty years’ imprisonment for aggravated assault—serious bodily injury; ten to twenty years’ imprisonment for criminal conspiracy to commit aggravated assault; ten to twenty years’ imprisonment for persons not to possess a firearm; and two to five years’ imprisonment for carrying a firearm without a license, for a total sentence of thirty-two to sixty-five years’ imprisonment.
On June 3, 2019, Wallace timely filed a post-sentence motion, which the court denied on August 12, 2019. On August 20, 2019, Wallace timely filed a notice of appeal to this court, followed by a court-ordered Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal. He raises the following issues for our review:
Brief of Appellant, at x-xii (reordered for ease of disposition).
In his first two issues on appeal, Wallace challenges evidentiary rulings made by the trial court. Our standard of review is well-settled:
In reviewing a trial court's ruling on the admissibility of evidence, our standard of review is one of deference. Questions concerning the admissibility of evidence are within the sound discretion of the trial court, and its discretion will not be reversed absent a clear abuse of discretion. An abuse of discretion is not merely an error of judgment, but is rather the overriding or misapplication of the law, or the exercise of judgment that is manifestly unreasonable, or the result of bias, prejudice, ill[-]will[,] or partiality, as shown by...
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Commonwealth v. Bowens
...the above test, the entire record must be evaluated and all evidence actually received must be considered. Commonwealth v. Wallace , 244 A.3d 1261, 1273-74 (Pa.Super. 2021) (cleaned up). Whether evidence was properly admitted does not factor into our analysis, as sufficiency is not determin......
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R.L.G. v. State
...device defendant was wearing was not hearsay because it was not the product of human intervention);16 Commonwealth v. Wallace, 244 A.3d 1261, 1272 (Pa. Super. Ct. 2021) ("[W]e conclude that, as it stands, GPS data automatically generated by a computer, free from interference by any person, ......
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R.L.G. v. State
...device defendant was wearing was not hearsay because it wasPage 28 not the product of human intervention);16 Commonwealth v. Wallace, 244 A.3d 1261, 1272 (Pa. Super. Ct. 2021) ("[W]e conclude that, as it stands, GPS data automatically generated by a computer, free from interference by any p......
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Evidence
...a business record, where the data was stored in the regular course of business. PENNSYLVANIA Commonwealth v. Wallace , 2021 PA Super 4, 244 A.3d 1261 (2021), appeal granted, 270 A.3d 428 (Pa. 2021). Computer-generated global positioning system (GPS) data records from GPS monitoring device o......