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[U] Commonwealth v. Jamerson

Superior Court of Pennsylvania

February 5, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
KEVIN JAMERSON Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence August 16, 2011 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005022-2011

BEFORE: GANTMAN, J., OLSON, J., and PLATT, J. [*]

MEMORANDUM

GANTMAN, J.

Appellant, Kevin Jamerson, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas, following his bench trial convictions for possession of a controlled substance, possession of a controlled substance with the intent to deliver ("PWID"), and possession of drug paraphernalia.[1] We affirm.

In its opinion, the trial court fully and correctly set forth the relevant facts of this case. Therefore, we have no reason to restate them. Procedurally, on August 16, 2011, the court found Appellant guilty of possession of a controlled substance, PWID, and possession of drug paraphernalia. That same day, the court sentenced Appellant to an aggregate term of eleven and one-half (11½) to twenty-three (23) months' imprisonment, plus two years' probation. Appellant timely filed a notice of appeal on August 30, 2011. On February 16, 2012, the court ordered Appellant to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), and Appellant timely complied.

Appellant raises one issue for our review:

WAS NOT THE EVIDENCE INSUFFICIENT FOR [APPELLANT'S] CONVICTION[S] AS NO CONTROLLED SUBSTANCES WERE FOUND EITHER ON APPELLANT'S PERSON OR ANY LOCATION WITH WHICH HE WAS ASSOCIATED?

(Appellant's Brief at 2).[2], [3]

After a thorough review of the record, the briefs of the parties, the applicable law, and the comprehensive opinion of the Honorable Robert P. Coleman, we conclude Appellant's issue merits no relief. The trial court opinion discusses and properly disposes of the question presented. (See Trial Court Opinion, filed August 9, 2013, at 3-6) (finding: Officer Stewart observed Appellant engage in drug transaction with Ms. Simmons; Officer Stewart saw Ms. Simmons hand Appellant United States currency, after which Appellant walked to nearby porch area, returned with small objects, and handed them to Ms. Simmons; police stopped Ms. Simmons minutes later and recovered four packets of crack cocaine on her person; police apprehended Appellant and discovered two bags containing clear and orange packets similar to those recovered from Ms. Simmons; police also recovered $256.00 and razor blade with cocaine residue from Appellant's person; based on totality of circumstances, Commonwealth presented sufficient evidence to sustain Appellant's convictions for possession of controlled substance and PWID).[4] Accordingly, we affirm on the basis of the trial court's opinion.

Judgment of sentence affirmed.

Judgment Entered.

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