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[U] Commonwealth v. Defilippo

Superior Court of Pennsylvania

January 8, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ANTHONY DEFILIPPO, Appellant COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ANTHONY D. DEFILIPPO, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence of May 9, 2013 In the Court of Common Pleas of Potter County Criminal Division at No(s): CP-53-CR-0000112-2011, CP-53-CR-0000113-2011

BEFORE: PANELLA, OLSON AND WECHT, JJ.

MEMORANDUM

OLSON, J.

Appellant, Anthony DeFilippo, appeals from the judgments of sentence entered on May 9, 2013. We affirm.

The factual backgrounds of these cases are as follows. As to 974 WDA 2013, on February 5, 2009, Appellant attempted to sell one-half ounce of cocaine to Pennsylvania State Police Trooper Nicholas Madigan. On March 3, J-S74029-13 2009, Appellant sold one ounce of marijuana and a .22 caliber Colt handgun to Trooper Madigan.[1] On March 10, 2009, Appellant sold Trooper Madigan an over/under rifle, ten morphine pills, and one ounce of marijuana.[2] On March 16, 2009, Appellant sold Trooper Madigan Adderall, oxycodone, a .22 caliber handgun, and a .22 caliber rifle.[3] The serial number on the .22 caliber handgun had been obliterated. On March 26, 2009, Appellant sold Trooper Madigan a handgun and a rifle. A juvenile was present during the transaction. Finally, on March 30, 2009, Appellant sold Trooper Bobby Clegg a handgun, a shotgun, and a rifle. The serial numbers on the handgun and shotgun were obliterated.

As to 973 WDA 2013, Appellant and three co-conspirators burglarized a log cabin located at the corner of Sunnyside Rd. and Canda Hollow Rd. and three seasonal residences located on Dug Rd. They stole a chain saw, planer, and a Redi heater. They then traveled to New York to sell the stolen goods.

The procedural histories of these cases are as follows. In 974 WDA 2013, the criminal complaint was filed on November 12, 2010. Appellant was arrested on November 12, 2010. A 33-count information was filed on June 1, 2011 and an amended 33-count information was filed on August 3, 2011. On March 7, 2013, Appellant pled guilty[4] to seven counts of manufacture, delivery, or possession with intent to deliver a controlled substance, [5] possession of a firearm with an altered serial number, [6] criminal use of a communication facility, [7] and transfer of a firearm by an unlicensed individual.[8] That plea was accepted on March 11, 2013. On March 13, 2013, Appellant filed a motion to dismiss the charges pursuant to Pennsylvania Rule of Criminal Procedure 600.[9] The trial court denied the motion on May 7, 2013.

In 973 WDA 2013, a criminal complaint was filed on November 23, 2010. A 13-count information was filed on June 1, 2011. On March 7, 2013, Appellant pled guilty to burglary, [10] theft by unlawful taking, [11] and criminal mischief.[12] That plea was accepted on March 11, 2013. On March 13, 2013, Appellant filed a motion to dismiss the charges pursuant to Pennsylvania Rule of Criminal Procedure 600. The trial court denied the motion on May 7, 2013. On May 9, 2013, Appellant was sentence to an aggregate term of 10 to 20 years' imprisonment for the two cases. These timely appeals followed.[13]

Appellant presents one issue for our review:
Should the [trial] court dismiss the charges in both cases as they were not properly brought in a timely manner pursuant to Pennsylvania Rule of Criminal Procedure 600[?]

Appellant's Brief at 3.

When considering an appeal from a Rule 600 order:
[O]ur standard of review of a trial court's decision is whether the trial court abused its discretion. Judicial discretion requires action in conformity with law, upon facts and circumstances judicially ...

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