OPINION BY STEVENS , P.J.E. : Larry Kpou ("Appellant") appeals from the judgment of sentence entered by the Court of Common Pleas of Philadelphia County after it accepted his guilty plea to Possession With Intent to Deliver ("PWID"), to wit, crack cocaine and marijuana, and Criminal Conspiracy. 1 Sentenced to a negotiated term of 11 to 23 months' incarceration with immediate parole, plus three years' reporting probation, Appellant contends the court erroneously refused to grant his...
OPINION BY STEVENS , P.J.E. : Luciano Martinez ("Appellant") appeals from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County, which sitting as finder of fact in his waiver trial found him guilty of robbery, persons not to possess a firearm, carrying a firearm without a license, theft by unlawful taking, theft by receiving stolen property, possession of an instrument of crime, carrying a firearm on public streets of Philadelphia, simple assault, recklessly...
OPINION BY STABILE , J. : Appellant Jack Williams appeals from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County ("trial court"), following his bench conviction for escape under 18 Pa.C.S.A. 5121(a). Upon review, we affirm. The facts and procedural history underlying this case are undisputed. On November 30, 2014, the Pennsylvania Board of Probation and Parole ("Board") issued a warrant to commit and detain Appellant on technical parole violations for...
OPINION BY MUSMANNO , J. : Paul Furness ("Furness") appeals from the judgment of sentence imposed following his convictions for criminal trespass, attempted burglary, and possessing instruments of crime. 1 We affirm in part, reverse in part, and remand for resentencing. The trial court set forth the relevant facts as follows: On July 20, 2012, at approximately 10:00 a.m., Christopher Babiarz [("Babiarz")] saw [Furness] attempt to enter his home, located at 3170 Richmond Street, [...
NON-PRECEDENTIAL DECISION — SEE SUPERIOR COURT I.O.P. 65.37 MEMORANDUM BY OLSON , J. Appellant, Timothy Dockery, appeals pro se from the order entered on September 3, 2015 dismissing his fourth petition filed pursuant to the Post-Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. 9541-9546. We affirm. The factual background and procedural history of this case are as follows. On May 19, 1988, Appellant and his brother, Laverne Dockery, entered a Philadelphia residence armed with automatic...
Affirmed. FootNotes 11. Petition for reargument denied February 16, 2017.
OPINION BY OLSON , J. : Appellant, Unique S. Kennedy, appeals from the judgment of sentence entered on February 20, 2015. In this case, we consider whether the trial court abused its discretion in admitting lay opinion testimony from a crime scene investigator regarding bullet trajectory. After careful consideration, we hold that the trial court did not abuse its discretion by admitting the lay opinion testimony. We also clarify the interaction between Pennsylvania Rules of Evidence 404(a)(...
OPINION BY JENKINS , J. : Vaughn Neal appeals from an order entered in the Court of Common Pleas of Philadelphia County denying his petition for writ of certiorari. Neal argued in his certiorari petition that the Philadelphia Municipal Court erroneously denied his motion to suppress evidence seized from his person at the time of his arrest. We remand for further proceedings, including entry of findings of fact and conclusions of law by the Municipal Court. On November 28, 2014, the...
OPINION BY OTT , J. : Chris Plunkett appeals from the order entered June 19, 2015, in the Court of Common Pleas of Philadelphia County, denying him relief on his petition filed pursuant to the Post-Conviction Relief Act, 42 Pa.C.S. 9541 et seq. The PCRA court reviewed the substance of Plunkett's claim and denied him relief based on lack of merit. 1 However, because he is no longer serving the sentence associated with this petition, Plunkett has lost his standing to seek relief....
OPINION BY BOWES , J. : Ato Lloyd appeals from the judgment of sentence of eleven to twenty-three months incarceration plus two years probation imposed following his convictions for robbery and resisting arrest. We affirm. The Commonwealth adduced the following facts at trial. In the early morning hours of December 2, 2014, Appellant approached a valet-parking booth situated in front of a parking garage attended by Ahmed Indris. Appellant feigned a need for aid from Mr. Indris and...
OPINION BY SOLANO , J. : Plaintiffs-Appellants Pencoyd Iron Works, Inc. and James Heldring, Pencoyd's owner and founder, appeal from the trial court's January 13, 2016 order dismissing their complaint for legal malpractice and unjust enrichment. We affirm the dismissal of all claims brought by Mr. Heldring individually and the dismissal of Pencoyd's unjust enrichment claim, reverse the dismissal of Pencoyd's claim for legal malpractice, and remand for further proceedings consistent with...
NON-PRECEDENTIAL DECISION — SEE SUPERIOR COURT I.O.P. 65.37 MEMORANDUM BY MUSMANNO , J. Terrence Seldon ("Seldon") appeals from the judgment of sentence imposed following his negotiated guilty plea to two counts of murder of the third degree, and one count each of criminal conspiracy, robbery, and possessing an instrument of crime. See 18 Pa.C.S.A. 2502(c); 903(c); 3701(a)(1)(ii); 907(a). We affirm. On July 24, 2012, Seldon and two other men, John Gonce ("Gonce") and Michael...
OPINION BY OTT , J. : Edward Yale appeals from the judgment of sentence imposed on November 19, 2015, in the Court of Common Pleas of Monroe County, following his conviction by jury on the charges of third-degree murder and tampering with evidence. 1 He received an aggregate sentence of 20-40 years' incarceration plus restitution and costs. In this timely appeal, Yale raises six issues. The first three issues address different aspects of testimony and jury instruction regarding the...
OPINION BY SOLANO , J. : Appellant Charles Toro appeals from the trial court's December 16, 2015 order granting summary judgment in favor of Appellee Fitness International, LLC in his action for personal injuries incurred when he slipped and fell in a Fitness locker room. We affirm. Fitness operates an L.A. Fitness physical fitness center in Langhorne, Pennsylvania. Toro was a member of this L.A. Fitness center, and, as part of his membership, he signed a Fitness Membership Agreement ("...
NON-PRECEDENTIAL DECISION — SEE SUPERIOR COURT I.O.P. 65.37 MEMORANDUM BY PANELLA , J. Appellants, Ameriprise Financial, Inc., Ameriprise Financial Services, Inc., Riversource Life Insurance Company, and Thomas A. Bouchard, appeal from the judgment entered in the Allegheny Court of Common Pleas, in favor of Appellees, the Estate of James G. Richards and the Estate of Helen Richards, 1 finding Appellants violated the Unfair Trade Practices Consumer Protection Law ("UTPCPL"), awarding...
Affirmed. FootNotes 13. Petition for reargument denied January 11, 2017.
OPINION BY DUBOW, J. : Appellant, Jana R. Barnett, Esquire, Guardian Ad Litem ("GAL"), appeals from the Order entered on February 11, 2016, in the Berks County Court of Common Pleas partially granting her Petition for Special Relief, in which the trial court rejected 79% of Appellant's request for compensation for GAL services that she performed over thirty months. After careful review, we vacate and remand. This highly acrimonious custody litigation began in the Berks County Court of...
OPINION BY STRASSBURGER , J. : Javed Tukhi (Appellant) appeals from the judgment of sentence imposed following his convictions for aggravated assault, simple assault, and possession of an instrument of crime. Additionally, Appellant's counsel has filed a petition to withdraw and a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Commonwealth v. Santiago, 602 Pa. 159, 978 A.2d 349 (2009). Because we have found a potentially non-...
