Com. v. Thomas, J. ( 2017 )

J-S45009-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
JUAIL THOMAS :
:
Appellant : No. 1663 EDA 2016
Appeal from the Judgment of Sentence May 3, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0008521-2015
BEFORE: GANTMAN, P.J., PANELLA, J., and STRASSBURGER, J.*
MEMORANDUM BY GANTMAN, P.J.: FILED JULY 24, 2017
Appellant, Juail Thomas, appeals from the judgment of sentence
entered in the Philadelphia County Court of Common Pleas, following his
bench trial conviction for intentional possession of a controlled substance
and possession with intent to deliver (“PWID”).1 We affirm.
In its opinion, the trial court fully and correctly sets forth the relevant
facts of this case. Therefore, we have no need to restate them.
Procedurally, Appellant proceeded to a bench trial on May 3, 2016. That
same day, the court convicted Appellant of PWID and knowing and
intentional possession of a controlled substance. Also on May 3, 2016, the
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1
35 P.S. § 780-113(a)(16), (a)(30), respectively.
_____________________________
*Retired Senior Judge assigned to the Superior Court.
J-S45009-17
court sentenced Appellant to a term of two (2) to four (4) years’
incarceration, plus three (3) years’ probation, on the PWID charge.2 On May
20, 2016, Appellant filed a timely notice of appeal. The court ordered
Appellant, on August 2, 2016, to file a concise statement of errors
complained of on appeal per Pa.R.A.P. 1925(b); Appellant timely complied
on August 21, 2016.
Appellant raises one issue for our review:
DID THE TRIAL COURT ERR WHEN IT FOUND
APPELLANT…GUILTY OF DELIVERY/POSSESSION WITH
INTENT TO DELIVER A CONTROLLED SUBSTANCE AS
THERE WAS INSUFFICIENT EVIDENCE ADDUCED AT TRIAL
BY THE COMMONWEALTH TO PROVE THIS CRIMINAL
OFFENSE BEYOND A REASONABLE DOUBT?
(Appellant’s Brief at 2).
When examining a challenge to the sufficiency of evidence:
The standard we apply in reviewing the sufficiency of the
evidence is whether viewing all the evidence admitted at
trial in the light most favorable to the verdict winner, there
is sufficient evidence to enable the fact-finder to find every
element of the crime beyond a reasonable doubt. In
applying the above test, we may not weigh the evidence
and substitute our judgment for the fact-finder. In
addition, we note that the facts and circumstances
established by the Commonwealth need not preclude every
possibility of innocence. Any doubts regarding a
defendant’s guilt may be resolved by the fact-finder unless
the evidence is so weak and inconclusive that as a matter
of law no probability of fact may be drawn from the
combined circumstances. The Commonwealth may sustain
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2
Appellant’s intentional possession of a controlled substance conviction
merged with Appellant’s PWID conviction for the purposes of sentencing.
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its burden of proving every element of the crime beyond a
reasonable doubt by means of wholly circumstantial
evidence. Moreover, in applying the above test, the entire
record must be evaluated and all evidence actually
received must be considered. Finally, the trier of fact
while passing upon the credibility of witnesses and the
weight of the evidence produced, is free to believe all, part
or none of the evidence.
Commonwealth v. Hansley, 24 A.3d 410, 416 (Pa.Super. 2011), appeal
denied, 613 Pa. 642, 32 A.3d 1275 (2011) (quoting Commonwealth v.
Jones, 874 A.2d 108, 120-21 (Pa.Super. 2005)).
After a thorough review of the record, the briefs of the parties, the
applicable law, and the well-reasoned opinion of the Honorable Kai N. Scott,
we conclude Appellant’s issue merits no relief. The trial court opinion
comprehensively discusses and properly disposes of the question presented.
(See Trial Court Opinion, filed September 20, 2016, at 4-6) (finding: Officer
Walsh observed blue object in Appellant’s hand during what Officer Walsh
believed to be aborted drug sale; Officer Walsh also observed Appellant
receive money in hand-to-hand exchange while Appellant held blue object;
when Appellant saw officers approach, he terminated sale and fled; before
he fled, Appellant said to officers, “…you got me” and, “You caught me”; as
Officer Walsh pursued Appellant, Officer Walsh saw Appellant throw to
ground blue object; Officer Walsh discovered blue object contained fourteen
individual packets of heroin; blue object Appellant discarded when he fled
was consistent with blue object Appellant held during aborted drug sale;
area in which officers encountered Appellant during sale was known for high
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volume of narcotics activity; Appellant’s incomplete exchange and Officer
Walsh’s seizure of heroin confirmed Appellant’s attempt to supply purchaser
with narcotics in exchange for money; Appellant’s flight demonstrated his
consciousness of guilt; Appellant’s statements to Officer Walsh when officers
encountered attempted drug sale corroborate Officer Walsh’s observations;
Officer Walsh testified credibly at trial, Appellant testified incredibly;
therefore, evidence at trial was sufficient to prove Appellant possessed
controlled substance with intent to deliver). The record supports the trial
court’s rationale. Accordingly, we affirm on the basis of the trial court’s
opinion.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/24/2017
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Circulated 07/06/2017 02:39 PM