Com. v. Hooks, R. ( 2015 )

J. S03007/15
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
v. :
:
ROCHELLE HOOKS, : No. 83 EDA 2014
:
Appellant :
Appeal from the Judgment, November 26, 2013,
in the Court of Common Pleas of Delaware County
Criminal Division at No. CP-23-CR-0007738-2010
BEFORE: FORD ELLIOTT, P.J.E., PANELLA AND OTT, JJ.
MEMORANDUM BY FORD ELLIOTT, P.J.E.: FILED JANUARY 30, 2015
Rochelle Hooks appeals from the judgment of November 26, 2013, in
this forfeiture proceeding.1 We affirm.
On November 26, 2013, following an evidentiary hearing, the trial
court found a sufficient nexus existed between violations of the Controlled
Substances Act and the seized property, i.e., one 2000 Buick LeSabre, and
ordered it to be condemned and forfeited to the Commonwealth. The trial
court found that the owner of the property, appellant, had knowledge or
1
As the Commonwealth observes, ordinarily forfeiture proceedings are
heard in the Commonwealth Court. (Commonwealth’s brief at 3 n.2.)
Strand v. Chester Police Dept., 687 A.2d 872, 873 n.2 (Pa.Cmwlth.
1997). However, where there is no objection to our jurisdiction over the
appeal, and in the interests of judicial economy, we may exercise jurisdiction
pursuant to 42 Pa.C.S.A. § 704(a). Wilson v. School Dist. of
Philadelphia, 600 A.2d 210 (Pa.Super. 1991).
J. S03007/15
consent of the property being used for illegal drug activity. In this timely
appeal, appellant challenges the sufficiency of the evidence. Appellant
claims that she made out an “innocent owner” defense, without knowledge
or consent of the property’s use for unlawful means.2 Having determined
that the Honorable George A. Pagano’s July 28, 2014 opinion ably and
comprehensively disposes of appellant’s issues on appeal, with appropriate
reference to the record and without legal error, we will affirm on the basis of
that opinion.
Judgment affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/30/2015
2
Several other claims raised in her Pa.R.A.P. 1925(b) statement and
addressed by the trial court, including that the trial court erred by denying
her motion for default judgment, have been abandoned on appeal.
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