Com. v. Neal, J. ( 2023 )

J-S20017-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JEFFREY NEAL :
:
Appellant : No. 923 EDA 2022
Appeal from the Judgment of Sentence Entered March 4, 2022,
in the Court of Common Pleas of Philadelphia County,
Criminal Division at No(s): CP-51-CR-0000564-2021
BEFORE: DUBOW, J., KUNSELMAN, J., and COLINS, J.*
MEMORANDUM BY KUNSELMAN, J.: FILED JUNE 21, 2023
Jeffrey Neal appeals from the 2-to-4-year sentence imposed following
his pleas of nolo contendere to three violations of the Uniform Firearms Act.1
He challenges the denial of his motion to suppress evidence. We affirm.
On December 4, 2020, police charged Neal with the above crimes after
recovering a gun during a traffic stop. Neal moved to suppress the gun. The
suppression court heard and denied Neal’s motion on May 21, 2021. Neal
moved to reconsider, which the court denied on December 9, 2021.
Neal pled nolo contendere to all three offenses on December 16, 2021.
He initialed and signed a “nolo contendere plea colloquy” form providing: “If I
have already had a hearing on pre-trial motions, when I plead nolo contendere
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
1 18 Pa.C.S.A. §§ 6105, 6106, and 6108.
J-S20017-23
I give up my right to appeal the decisions on those motions.” Nolo Contendere
Plea Colloquy, 12/16/21, at 5. The certified record on appeal does not reflect
that Neal sought to preserve this appellate right when he pled nolo
contendere.
On March 7, 2022, Neal was sentenced to 2 to 4 years of imprisonment
followed by 3 years of probation. Neal timely filed a notice of appeal. Neal
and the suppression court complied with Pennsylvania Rule of Appellate
Procedure 1925.
Neal presents one issue for review: “Did the trial court err by denying
the Motion to Suppress where the police detained and frisked Neal without
reasonable suspicion?” Neal’s Brief at 4. He contends that the presence of
marijuana and “blading” of his body were insufficient to justify the search of
his person and seizure of the gun. Id. at 9–15.
We do not reach the merits of Neal’s suppression challenge. “A plea of
guilty constitutes a waiver of all nonjurisdictional defects and defenses. When
a defendant pleads guilty, he waives the right to challenge anything but the
legality of his sentence and the validity of his plea.” Commonwealth v.
Jones, 929 A.2d 205, 212 (Pa. 2007) (quoting Commonwealth v.
Montgomery, 401 A.2d 318, 319 (Pa. 1971)). The same applies for a plea
of nolo contendere. Commonwealth v. Thomas, 506 A.2d 420, 422 (Pa.
Super. 1986) (citations omitted).
Here, Neal waived his right to appeal the denial of his suppression
motion by pleading nolo contendere. Jones, supra; see Colloquy, 12/16/21,
-2-
J-S20017-23
at 5. The certified record does not reflect that Neal reserved his right to appeal
his suppression issue in a “conditional plea agreement.” Cf. Commonwealth
v. Singleton, 169 A.3d 79, 81–82 (Pa. Super. 2017) (recognizing the validity
of such agreements). Rather, Neal entered an open plea of nolo contendere,
indicating that there was no plea bargain or agreement of any kind and that
he was giving up his right to appeal the result of his pre-trial motion. Colloquy,
12/16/21, at 3, 5. As such, this Court will not reach the merits of Neal’s
suppression motion and will affirm his judgment of sentence.2
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/21/2023
____________________________________________
2 Even if Neal had preserved his suppression issue, we would affirm for the
reasons given by the Honorable Shanese Johnson. See Suppression Court
Opinion, 6/24/22 (following Commonwealth v. Simmons, 17 A.3d 399 (Pa.
Super. 2011), to conclude that Neal’s “blading” motion during a valid traffic
stop provided reasonable suspicion to detain and frisk him).
-3-