Commonwealth v. Webb, 052920 PASUP, 1496 WDA 2019

Docket Nº:1496 WDA 2019, 1498 WDA 2019
Opinion Judge:KING, J.
Party Name:COMMONWEALTH OF PENNSYLVANIA Appellee v. DEVIN DERAN WEBB Appellant COMMONWEALTH OF PENNSYLVANIA Appellee v. DEVIN WEBB Appellant
Judge Panel:BEFORE: KUNSELMAN, J., KING, J., and COLINS, J.
Case Date:May 29, 2020
Court:Superior Court of Pennsylvania
 
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COMMONWEALTH OF PENNSYLVANIA Appellee

v.

DEVIN DERAN WEBB Appellant

COMMONWEALTH OF PENNSYLVANIA Appellee

v.

DEVIN WEBB Appellant

Nos. 1496 WDA 2019, 1498 WDA 2019

Superior Court of Pennsylvania

May 29, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered August 19, 2019 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0005530-2017, CP-02-CR-0007730-2016

BEFORE: KUNSELMAN, J., KING, J., and COLINS, J. [*]

MEMORANDUM

KING, J.

Appellant, Devin Deran Webb, appeals from the judgment of sentence entered in the Allegheny County Court of Common Pleas, following his open guilty pleas to two counts of possession of a controlled substance, five counts of possession of a controlled substance with the intent to deliver ("PWID"), and one count of persons not to possess firearms.1 We affirm.

In its opinion, the trial court accurately set forth the relevant facts and procedural history of this case as follows: These appeals arise out of two separate arrests of [Appellant] for which he entered guilty pleas on March 19, 2019. At the plea hearing[, ] summaries of the evidence were presented by the Commonwealth which included the following:

CC 201607730

[Appellant's] arrest at CC201607730 followed a controlled purchase of narcotics on September 10, 2015. Officers from the Ross Township Police Department conducted a controlled buy, through a confidential informant, of narcotics from [Appellant]. The informant contacted [Appellant] via a cell phone and they agreed to meet outside of a residence located in the City of Pittsburgh. The controlled buy was done by a hand-to-hand transaction between the informant and [Appellant] during which [Appellant] sold 49 stamp bags which proved to contain heroin and fentanyl. [Appellant] pled guilty to four counts of [PWID] and two counts of Possession.

CC 201705530

On March 10, 2017[, Appellant] was the driver of a vehicle that was stopped for speeding and making an illegal left turn on East 8th Avenue in Homestead, Pa. by Officer Meals of the Homestead Police Department. When [Appellant] stopped his vehicle, he was blocking the driveway of an auto repair service station. [Appellant] informed Officer Meals that he did not have a driver's license as it was suspended. Officer Meals also confirmed that [Appellant] had an outstanding warrant from the state of Georgia, although Georgia was not requesting extradition. As the vehicle was blocking a driveway and [Appellant] could not drive the vehicle, [Appellant] was informed the vehicle would be towed and an inventory search was performed. During the search a loaded .45 caliber firearm was found in a black nylon case behind the driver's seat along with 550 stamp bags of suspected heroin, rubber bands, unused sandwich bags and a digital scale with white powder on it. [Appellant] was also searched and found to have 10 stamp bags of heroin in his hoodie pocket. After being given Miranda2warnings[, Appellant] admitted to the officer that the heroin was his and he was selling it to support himself and to pay his rent. Testimony from an expert in the field of narcotics would also testify that [Appellant] possessed the heroin with the intent to deliver it. [Appellant pled] guilty to Possession of Firearm Prohibited and one count of [PWID]. Charges on seven additional counts were withdrawn. [Appellant] made no corrections to the summary of the evidence in either of the cases and after an appropriate colloquy, [Appellant's] pleas were accepted and a presentence report was ordered.

The presentence report indicated that [Appellant's] criminal history included a firearm conviction in October 2000 for which he was sentenced to 1½ to 6 years; a conviction for possession and [PWID] in June 2001 for which he was sentenced to 2 to 4 years; that he was paroled in April of 2004 until January 2006; that he was again convicted of possession and [PWID] in January of 2011 for which he was sentenced to 2½ to 5 years; that he pled nolo contendere to simple battery-family violence and disorderly conduct in Georgia in February 2008; that he was...

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