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[U] Commonwealth v. Stone

Superior Court of Pennsylvania

February 12, 2014

COMMONWEALTH OF PENNSYLVANIA
v.
DERIACE STONE, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered October 24, 2012, in the Court of Common Pleas of York County Criminal Division at No. CP-67-CR-0006522-2007

BEFORE: FORD ELLIOTT, P.J.E., SHOGAN AND PLATT, [*] JJ.

MEMORANDUM

FORD ELLIOTT, P.J.E.

Appellant appeals the order granting in part, and denying in part, his first petition filed pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541-9546. Finding no error, we affirm.

On November 6, 2008, a jury found appellant guilty of possession of a controlled substance and other drug-related crimes as well as a weapons offense. On December 31, 2008, appellant was sentenced to an aggregate term of 5½ to 11 years' imprisonment.

Appellant was apprehended after police searched trash bags that abutted appellant's property and found a plastic sandwich bag containing marijuana particles. Police then obtained a search warrant for appellant's residence by presenting an affidavit of probable cause that read as follows:

This affiant is an officer with the Spring Garden Township Police Department and a member of the York County Drug Task Force.
Based on the following information I believe there is Marijuana present at 719 State St.
Specifically, I have reveived [sic] information from concerned persons that illegal drugs are being used and sold at 719 State St.
On August 14, 2007 I picked up trash from the north side of the residence. The trash was located in an area where trash is normally located for 719 State St. I have picked up trash from 719 State St. at this same location on four separate occasions in the past. During normal routine patrol I observe trash to be normally placed at this same location. Further, there are no houses located on the north, west or east sides of 719 State St. There is only one home attached to the south side of the residence. The trash was located on the north side of the residence. 719 State St. is bordered by three roadways located on the north, west and east sides of the residence.
The trash was sitting in an area between the roadway and the north side of the residence which is appx. two feet wide.
The following items were recovered from the trash, loose cigar tobacco
two Dutch Masters cigar labels
four plastic sandwich type bags
one plastic sandwich type bag containing green vegetable matter particles
This green vegetable matter field tested positive ...

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