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[U] Commonwealth v. Colon-Zavala

Superior Court of Pennsylvania

March 7, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
ALEX COLON-ZAVALA Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence March 22, 2013 In the Court of Common Pleas of Schuylkill County Criminal Division at No(s): CP-54-CR-0001336-2012

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

MEMORANDUM

MUNDY, J.

Appellant, Alex Colon-Zavala, appeals from the March 22, 2013 aggregate judgment of sentence of 11 to 36 months' imprisonment imposed after he was found guilty of manufacture of a controlled substance (marijuana), possession of drug paraphernalia, and two counts of possession of a small amount of marijuana.[1] After careful review, we affirm the judgment of sentence.[2]

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

[O]n August 16, 2012, search warrants were executed at 638 West Mahanoy Street and East Pine Street in the Borough of Mahanoy City. The 638 Mahanoy Street address was a three-story building with a barber[]shop on the first floor. The 27 East Pine Street address was a three-story residence.
Trooper Paul Gauntlett of the Pennsylvania State Police helped search 638 West Mahanoy Street. He entered on the first floor and went to the second floor, where he found a marijuana growing operation. Specifically, he testified to finding three potted marijuana plants, soil, water, a fan and ventilation system, [and] an ultraviolent light over the plants and fertilizer.
Corporal James Cuttitta of the Pennsylvania State Police also participated in the search. He found a digital scale.
Trooper Michael Lane also helped search 638 West Mahanoy Street. He had to force his way through a locked door to gain access to the third floor, where he found [Appellant] crouched behind something in the attic.
Trooper Lane helped to search 27 East Pine Street. Inside he found three bedrooms. One was empty; the second was a child's room; and inside the third he found adult male and female clothes. He also found mail addressed to [Appellant].
At that address, Trooper William Volchko found a garbage bag containing two marijuana plants. No items for ingesting or smoking marijuana were found in the house.
Mahanoy City police officer Michael Dissinger searched the basement at 27 East Pine Street and found there [sic] several ...

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