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[U] Commonwealth v. Goldsborough

Superior Court of Pennsylvania

March 6, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
BRAHEIM JAMIER GOLDSBOROUGH, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence Entered February 25, 2013, In the Court of Common Pleas of Delaware County, Criminal Division, at No. CP-23-CR-0002740-2009.

BEFORE: BENDER, P.J., SHOGAN and FITZGERALD [*] , JJ.

MEMORANDUM

SHOGAN, J.

Appellant, Braheim Jamier Goldsborough, appeals from the judgment of sentence entered following his convictions of possession with intent to deliver a controlled substance (cocaine), and simple possession of a controlled substance (marijuana). We affirm.

The trial court summarized the procedural history of this case as follows:

Appellant was arrested and charged on February 5, 2009 with multiple counts of Possession with the Intent to Deliver a Controlled Substance (Cocaine), Possession of a Controlled Substance (Marijuana), and Possession of Drug Paraphernalia. On May 8, 2009, a Preliminary Hearing was held wherein District Justice Nicholas Lippincott held Appellant for court. On June 4, 2009, Appellant was arraigned. On June 9, 2009, Mr. Michael J. Malloy, Esquire, entered his appearance on behalf of Appellant.
On July 15, 2009, Appellant filed an Omnibus Pre-Trial Motion seeking to suppress all evidence seized from his vehicle. A hearing was held on the Motion before the Honorable Chad F. Kenney on February 18, 2010 and February 26, 2010. On April 22, 2010, the Motion was granted. The Commonwealth filed a Motion for Reconsideration on May 14, 2010. The Court vacated the Suppression Order on May 19, 2010, but after hearing arguments on June 11, 2010, reinstated the Order on June 21, 2010. The Commonwealth filed an appeal to the Superior Court on July 15, 2010. On August 13, 2010, Mr. Malloy filed a "Petition to Withdraw as Counsel" for Appellant. The Petition was granted by the Superior Court on September 10, 2010. On October 26, 2010, Ms. Jacquie Jones, Esquire, entered her appearance on behalf of Appellant. On October 28, 2011, the Superior Court reversed the grant of Suppression and remanded the case for trial. On November 28, 2011, Appellant filed a "Petition for Allowance of Appeal" in the Supreme Court of Pennsylvania. On July 31, 2012, the Supreme Court denied Appellant's "Petition for Allowance of Appeal." On September 13, 2012, the record was remanded to the trial court.
On January 28, 2013, Appellant filed a "Petition for Writ of Habeas Corpus for Violation of Pa.R.C.P. [sic] 600" requesting discharge from prosecution with prejudice.5 The court denied the Motion on January 29, 2013. 5 It should be noted that Appellant remained released on bail until the conclusion of his trial.
On February 1, 2013, Appellant was convicted after a four-day Jury Trial of: Possession with the Intent to Deliver a Controlled Substance (Cocaine) and Possession of a Controlled Substance (Marijuana). On February 8, 2013, Appellant filed a "Motion for Writ of Habeas Corpus" wherein he sought to have bail set. On February 13, 2013, a bail hearing was held, and the Motion was denied.
Prior to sentencing, the court ordered a Pre-Sentence Investigation Report and a Psychiatric Evaluation. On February 25, 2013, Appellant was sentenced as follows: Count 1, Possession with the Intent to Deliver a Controlled Substance (Cocaine), sixty (60) to 120 months SCI, $25, 000 in fines, and forfeiture of the $15, 905, [1] and Count 2, Possession of a Controlled Substance (Marijuana), no further penalty. On February 27, 2013, Ms. Jones filed a "Praecipe to Withdraw Appearance."
On March 19, 2013, Appellant filed a pro se Notice of Appeal. On March 26, 2013, Mr. Patrick J. Connors, Esquire, of the Delaware County Office of the Public Defender, entered his appearance on behalf of Appellant and filed a timely Notice of Appeal. On April 2, 2013, the court directed Appellant to file a Concise Statement of Matters Complained of on Appeal. On April 22, 2013, Appellant filed and the court granted a request for an additional thirty (30) days to file his Concise Statement of Matters Complained of on Appeal. On May 10, 2013, Appellant filed a second request for additional time to file his 1925(b), and the Court granted Appellant an additional thirty (30) days. On June 14, 2013, Appellant filed a timely "Statement of Matters Complained of on Appeal."
Trial Court Opinion, 7/15/13, at 5-7 (certain footnotes omitted). Appellant presents the following issues for our review:
I) WHETHER THE COURT ERRED IN DETERMINING THAT THE SEQUESTRATION ORDER IT HAD IMPOSED AT THE COMMENCEMENT OF TESTIMONY HAD NOT BEEN VIOLATED BY CERTAIN COMMONWEALTH WITNESSES, NAMELY TROOPER MISCANNON, TROOPER GARCIA AND TROOPER STEINMETZ THUS RESULTING IN ...

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