Com. v. Pierre, K. ( 2019 )

J-S20032-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
KERVENSON PIERRE :
:
Appellant : No. 1404 WDA 2018
Appeal from the Judgment of Sentence Entered April 30, 2018
In the Court of Common Pleas of Venango County
Criminal Division at No(s): CP-61-CR-0000676-2017,
CP-61-CR-0000818-2017
BEFORE: GANTMAN, P.J.E., McLAUGHLIN, J., and MUSMANNO, J.
JUDGMENT ORDER BY GANTMAN, P.J.E.: FILED MAY 15, 2019
Appellant, Kervenson Pierre, appeals from the judgment of sentence
entered in the Venango County Court of Common Pleas, following his guilty
plea to attempted hindering apprehension or prosecution, resisting arrest,
access device fraud, and simple assault. Based on our Supreme Court’s
decision in Commonwealth v. Walker, ___ Pa. ___, 185 A.3d 969 (2018),
we must quash the appeal.
The relevant facts and procedural history of this case are as follows. On
October 13, 2017, police stopped Appellant after observing him drive slowly
by several locations where the police were searching for another individual.
Police smelled the odor of marijuana emanating from Appellant’s vehicle, and
upon a search of the vehicle, discovered multiple out-of-state IDs and bank
cards, and documentation linking Appellant to the suspect police originally
J-S20032-19
sought. When police placed Appellant into custody, they discovered on his
person 3 bags of marijuana. The Commonwealth subsequently charged
Appellant at Docket No. 676-2017 with two counts of possession of a small
amount of marijuana and possession of an instrument of crime (“PIC”), and
one count each of attempted hindering apprehension or prosecution, hindering
apprehension or prosecution, resisting arrest, disorderly conduct, access
device fraud, and driving while operating privilege is suspended/revoked.
While in prison pending prosecution at Docket No. 676-2017, Appellant
threatened physical assault of a corrections officer. The Commonwealth
charged Appellant at Docket No. 818-2017 with one count each of aggravated
assault, terroristic threats, and simple assault.
On March 19, 2018, Appellant entered a negotiated guilty plea at both
docket numbers to attempted hindering apprehension or prosecution,
resisting arrest, access device fraud, and simple assault; in exchange the
Commonwealth agreed to the entry of nolle prosequi to the remaining
charges. With the benefit of a pre-sentence investigation (“PSI”) report, the
court sentenced Appellant at both docket numbers on April 30, 2018, to an
aggregate term of fifteen (15) to thirty (30) months’ incarceration. On May
10, 2018, Appellant filed a post-sentence motion, which the court denied on
August 23, 2018, following a hearing. Appellant filed a timely notice of appeal
on Monday, September 24, 2018. The court ordered Appellant on September
28, 2018, to file a concise statement of errors complained of on appeal per
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Pa.R.A.P. 1925(b); Appellant timely complied on October 18, 2018.
Preliminarily, on June 1, 2018, the Walker Court held that the common
practice of filing a single notice of appeal from an order involving more than
one docket would no longer be tolerated, because the practice violates
Pa.R.A.P. 341, which requires the filing of “separate appeals from an order
that resolves issues arising on more than one docket.” Walker, supra at __,
185 A.3d at 977. The failure to file separate appeals under these
circumstances “requires the appellate court to quash the appeal.” Id.
Instantly, Appellant filed a single notice of appeal from the judgments of
sentence at two docket numbers. Appellant’s single notice of appeal was filed
on September 24, 2018, which postdates, and is therefore bound by the
Walker decision and must be quashed.
Appeal quashed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/15/2019
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