Com. v. Jenkins, D. ( 2021 )

J-A17028-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
DOREL JENKINS :
:
Appellant : No. 3569 EDA 2019
Appeal from the Judgment of Sentence Entered December 16, 2019
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0001050-2017
BEFORE: McLAUGHLIN, J., KING, J., and PELLEGRINI, J.*
JUDGMENT ORDER BY KING, J.: FILED SEPTEMBER 14, 2021
Appellant, Dorel Jenkins, appeals pro se from the judgment of sentence
entered in the Philadelphia County Court of Common Pleas, following his bench
trial conviction for persons not to possess firearms, and jury trial convictions
for firearms not to be carried without a license, carrying firearms on public
streets or public property in Philadelphia, and possession of a controlled
substance.1 We affirm.
The relevant facts and procedural history of this case are as follows. On
September 24, 2019, Appellant was convicted of the above-mentioned crimes.
The court sentenced Appellant on December 16, 2019, to an aggregate term
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
1 18 Pa.C.S.A. §§ 6105, 6016, 6108, and 35 P.S. § 780-113(a)(16),
respectively.
J-A17028-21
of 7 to 15 years’ imprisonment, plus five years’ probation. Appellant timely
filed a pro se notice of appeal on December 18, 2019. On January 15, 2020,
the court appointed appellate counsel. Following a Grazier2 hearing, the court
permitted Appellant to proceed pro se on appeal, and let counsel withdraw.
Appellant subsequently filed a pro se concise statement of errors complained
of on appeal pursuant to Pa.R.A.P. 1925(b).3
Preliminarily, we observe:
[A]ppellate briefs and reproduced records must materially
conform to the requirements of the Pennsylvania Rules of
Appellate Procedure. … Although this Court is willing to
liberally construe materials filed by a pro se litigant, pro se
status confers no special benefit upon the appellant. To the
contrary, any person choosing to represent himself in a legal
proceeding must, to a reasonable extent, assume that his
lack of expertise and legal training will be his undoing.
Commonwealth v. Adams, 882 A.2d 496, 497-98 (Pa.Super. 2005)
(internal citations omitted). Additionally, “[this C]ourt will not become the
counsel for an appellant, and will not, therefore, consider issues which are not
fully developed in his brief.” Commonwealth v. Gould, 912 A.2d 869, 873
(Pa.Super. 2006) (internal citation and quotation marks omitted).
Instantly, Appellant raises eight issues on appeal. Nevertheless,
Appellant does not support his claims with relevant legal authority. See
Pa.R.A.P. 2119(a) (stating argument shall be divided into as many parts as
____________________________________________
2 Commonwealth v. Grazier, 552 Pa. 9, 713 A.2d 81 (1998).
3 The trial court did not issue a Rule 1925(a) opinion.
-2-
J-A17028-21
there are questions to be argued and shall have at head of each part particular
point treated therein, followed by such discussion and citation of authorities
as are deemed pertinent). Although Appellant mentions several Rules of
Criminal Procedure in some sections of his argument, he does not indicate
what those rules state or provide any analysis of them to the facts of his case.
Appellant’s failure to cite relevant legal authority in support of his claims
renders his issues waived on appeal. See Gould, supra at 873 (holding
appellant waived issue on appeal where he failed to support it with relevant
citations to case law and to record; “Because such an omission impedes on
our ability to address the issue on appeal, an issue that is not properly briefed
in this manner is considered waived”). Accordingly, we affirm. See In
Interest of K.L.S., 594 Pa. 194, 934 A.2d 1244 (2007) (stating trial court’s
order or judgment is more properly “affirmed,” when appellant has failed to
preserve issues for appeal).
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/14/2021
-3-