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[U] Commonwealth v. Bratten

Superior Court of Pennsylvania

February 19, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
QUION THOMAS BRATTEN Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence April 23, 2013 In the Court of Common Pleas of Lycoming County Criminal Division at No(s): CP-41-CR-0001402-2011

BEFORE: MUNDY, J., WECHT, J., and FITZGERALD, J. [*]

MEMORANDUM

MUNDY, J.

Appellant, Quion Thomas Bratten, appeals from the April 23, 2013 aggregate judgment of sentence of 27 months' to five years' imprisonment imposed after a jury found him guilty of possession with intent to deliver a controlled substance (PWID), intentional possession of a controlled substance, and possession of drug paraphernalia.[1] After careful review, we affirm the judgment of sentence.

The trial court summarized the relevant facts and procedural history of this case as follows.

Shortly after midnight on October 1, 2011, Officer Damon Hagan of the Williamsport Bureau of Police saw Appellant [] standing in front of the Finish Line bar. Officer Hagan recognized Appellant as a person who was wanted on an outstanding warrant.1Officer Hagan arrested Appellant and searched him incident to the arrest. During the search, Officer Hagan found a cell phone, $720 in cash and 18 baggies of crack cocaine. [The record further reflects that Appellant was not found in possession of any ingestion paraphernalia, and the aggregate weight of the crack cocaine was 2.38 grams.]
[On October 4, 2011, ] Appellant was charged with [PWID], possession of a controlled substance, and possession of drug paraphernalia.
A jury trial was held December 20-21, 2012, at which the sole issue was whether Appellant possessed the cocaine with the intent to deliver it.2[On December 21, 2012, t]he jury found Appellant guilty, and on April 23, 2013, the [trial] court sentenced Appellant to 27 months['] to 5 years['] of incarceration in a state correctional institution.
1 Appellant was wanted on a parole violation for leaving a half-way house.
2 Appellant had already been found guilty of [possession of a controlled substance and possession of drug paraphernalia] at a jury trial held on March 6, 2012, but that jury deadlocked and a mistrial was declared on the charge of [PWID].

Trial Court Opinion, 9/26/13, at 1-2 (footnotes in original).

Appellant did not file any post-sentence motions. This timely appeal followed on May 7, 2013. On May 9, 2013, the trial court ordered Appellant to file a concise statement of errors complained of on appeal, in accordance with Pennsylvania Rule of Appellate Procedure 1925(b), within 21 days. Appellant filed a timely Rule 1925(b) statement on May ...


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