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[U] Commonwealth v. Turner

Superior Court of Pennsylvania

January 17, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ROBERT EARL TURNER, Appellant COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ROBERT EARL TURNER, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence Entered January 3, 2013, In the Court of Common Pleas of Montgomery County, Criminal Division, at Nos. CP-46-CR-0007261-2009, CP-46-CR-0001564-2006.

BEFORE: GANTMAN, SHOGAN and MUSMANNO, JJ.

MEMORANDUM

SHOGAN, J.

Appellant, Robert Earl Turner, appeals from the judgments of sentence entered following the revocation of his probation. In addition, counsel has filed a petition to withdraw and a brief pursuant to Anders v. California, 386 U.S. 738 (1967), Commonwealth v. McClendon, 434 A.2d 1185 (Pa. 1981), and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009). Upon review, we grant counsel's petition to withdraw and affirm Appellant's judgments of sentence.

The trial court summarized the history of these matters as follows:

A. CP-46-CR-0001564-2006
This appeal involves three separate theft cases, two of which were consolidated, and all of which are addressed herein for judicial efficiency. On February 15, 2006, at approximately 1:08 pm, Officer Richard P. Shanahan of the Upper Moreland Police Department responded to a retail theft at Toys 'R' Us in Upper Moreland Township, Montgomery County, Pennsylvania. When apprehended, [Appellant] was found to be in possession of $501.70 of stolen merchandise, in addition to cocaine paraphernalia. Thereafter, authorities took [Appellant] into custody and charged him with the following on Bill of Information 1564-06: Retail Theft, Use/Possession of Drug Paraphernalia, Theft by Unlawful Taking Movable Property, and False Identification to Law Enforcement Officer.
On June 9, 2006, [Appellant] entered an open guilty plea to Retail Theft and Use/Possession of Drug Paraphernalia. On November 6, 2006, the Court sentenced [Appellant] to undergo imprisonment for not less than eleven (11) months, nor more than twenty-three (23) months in the Montgomery County Correctional Facility, as well as consecutive probation for a period of two (2) years for the retail theft charge. With regard to his possession of drug paraphernalia conviction, the Court sentenced [Appellant] to one year of probation, consecutive to parole.
B. CP-46-CR-0007261-2009
On September 12, 2009, Officer Donald Baldwin of the Cheltenham Township Police Department responded to the Cheltenham Mall after receiving a report from a Mall employee of suspected shop-lifting. Officer Baldwin located [Appellant] in the Mall parking lot and found him to be in possession of $86.85 of stolen merchandise from Anna's Linen Store. During apprehension by police [Appellant] pushed the officers and attempted to flee. Officers eventually subdued [Appellant], who then verbally threatened an employee who confirmed the merchandise in [Appellant's] possession was stolen. Thereafter, police took [Appellant] into custody and charged him with the following on Bill of Information 7261-09 Terroristic Threats with Intent to Terrorize Another, Resisting Arrest, False Identification to Law Enforcement Officer, Retail Theft, and Intimidation of Witness/Victim.
On January 13, 2010, [Appellant] pled guilty to Terroristic Threats with Intent to Terrorize Another; Resisting Arrest, and False Identification to Law Enforcement Officer. The Court dismissed the charges of Retail Theft and Intimidation of Witness/Victim. Ultimately, the Court sentenced [Appellant] to undergo imprisonment of not less than eleven and a half (111/2) months, nor more than twenty-three (23) months in the Montgomery County Correctional Facility. In addition, the Court sentenced [Appellant] to probation for a period of two (2) years to run consecutive to parole.
C. CP-46-CR-0002749-2012
On April 1, 2012, Officer Bryan Rickards of the Abington Township Police Department responded to a call for suspect[ed] shop-lifting at the K-Mart in Abington Township, Montgomery County, Pennsylvania. K-Mart security had observed [Appellant] stealing $738.09 of merchandise from the store, in addition to attempting to take a customer's wallet. After forcibly apprehending [Appellant], he threatened to kill the customer who had accused him of the attempted ...

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