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[U] Commonwealth v. Lint

Superior Court of Pennsylvania

March 7, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
DAVID LINT Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence August 26, 2013 In the Court of Common Pleas of Fayette County Criminal Division at No(s): CP-26-CR-0001804-2012

BEFORE: PANELLA, J., MUNDY, J., and STABILE, J.

MEMORANDUM

MUNDY, J.

Appellant, David Lint, appeals from the August 26, 2013 judgment of sentence of four to ten years' imprisonment after being convicted by a jury of persons not to possess, use, manufacture, control, sell or transfer firearms.[1] After careful review, we conclude Appellant has waived his issues on appeal and affirm the judgment of sentence.

The trial court provided the following factual summary of the case as shown from the trial evidence presented in the light most favorable to the Commonwealth.

On September 21, 2012, Pennsylvania State Trooper Timothy Edward Motte was assigned to the Bureau of Criminal Investigation in an undercover capacity. Trooper Motte was asked to assist in his undercover capacity to meet with an individual who wished to purchase a gun. The meeting was to take place around 2:00 P.M. at the Sweet Pea's Gas Station in Dunbar Township, Fayette County, Pennsylvania.
Trooper Motte arrived at the appointed time and location in his undercover vehicle. Motte observed a vehicle in Sweet Pea's lot occupied by a confidential informant (C.I.) and [Appellant]. [Appellant] was seated in the passenger seat of the vehicle.
Motte exited his vehicle and entered the back seat of the vehicle occupied by the C.I. and [Appellant]. As Motte entered the vehicle he had in his possession a double bagged shopping bag containing a nine millimeter semi-automatic pistol and two magazines wrapped in a cloth.
Following some idle conversation Motte handed the shopping bag containing the weapon to [Appellant]. [Appellant] accepted the shopping bag and proceeded to examine the weapon.
Motte inquired as to whether [Appellant] wanted ammunition for the weapon and [Appellant] responded, "Yes." The officer then stated that he had extra magazines for the weapon also and inquired if [Appellant] wanted those. The agreement was that [Appellant] would trade a leaf blower to the undercover officer in exchange for the weapon.
Trooper Motte told [Appellant] that he needed to take the gun from the scene to have the serial numbers drilled off. [Appellant] agreed that he wanted the serial number removed from the weapon. [Appellant] then agreed to meet back at the scene. [Appellant] handed the bag containing the weapon back to Officer Motte who exited the vehicle, entered his own vehicle and left the scene of the Sweet Pea's Gas Station.
The weapon used in the transaction was a fully operable nine millimeter semi-automatic handgun, a weapon designed to expel a projectile, a slug, by the action of an explosive.
Sharon Crissman, a custodian of the records of the Fayette County Clerk of Courts, was called and testified that she searched the records for [Appellant] with a birth date of December 17, 1954. [Appellant] had provided Trooper John Marshall, the prosecuting officer, with his date of birth at the time of arrest. The records of the office of Clerk of Courts for ...

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