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Commonwealth v. Dawson

Superior Court of Pennsylvania

March 11, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
DERRICK DAWSON, Appellant

Submitted: February 10, 2014.

Appeal from the Order OF the Court of Common Pleas, Blair County, Criminal Division, No(s): CP-07-CR-0000413-2012, CP-07-CR-0000414-2012, CP-07-CR-0000415-2012, CP-07-CR-0000416-2012, CP-07-CR-0000417-2012, CP-07-CR-0000420-2012, CP-07-CR-0000421-2012, CP-07-CR-0000423-2012. Before DOYLE, J.

Douglas J. Keating, Altoona, for appellant.

Richard A. Consiglio, District Attorney, Hollidaysburg, for Commonwealth, appellee.

Before: PANELLA, MUNDY and STABILE, JJ. OPINION BY MUNDY, J.

OPINION

MUNDY, J.

Page 826

Appellant, Derrick D. Dawson, appeals from the May 9, 2013 order denying his motion to dismiss based upon alleged violations of the compulsory joinder rule and the Double Jeopardy Clauses of the Federal and Pennsylvania Constitutions.[1] After careful review, we affirm.

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

[Appellant] was charged at criminal actions numbers 413-417 of 2012, 420, 421, and 423 of 2012 with Possession with Intent to Deliver, Criminal Use of Communication Facility, and Possession of a Controlled Substance. At 2038-2011, 2042-2011, and 2044-2011, [Appellant] was charged with Possession with Intent to Deliver, Criminal Use of a Communication Facility, and Criminal Conspiracy. He was tried by jury on those [three] charges and convicted of all charges except [two] count[s] of criminal conspiracy on April 11, 2012.[2]
Originally, all 11 cases recited above had been joined by the Commonwealth via notice of joinder filed at all CR numbers. Previous counsel for [Appellant] asked for severance of CR 2038, 2042, and 2044 from the remaining charges, claiming prejudice to [Appellant] if the matters were tried together. The Commonwealth opposed the severance. The [trial c]ourt ... granted the severance and those three cases went to [a] jury trial. The remaining eight cases were placed back on the jury trial list and are now the cases at issue.

Trial Court Opinion, 08/01/2013, at 2.

On November 20, 2012, Appellant filed a motion to dismiss the remaining charges based upon alleged violation of the compulsory joinder rule as well as the Double Jeopardy Clauses of the Federal and Pennsylvania Constitutions.[3] The trial court conducted a hearing on April 12, 2013 on said motion. On May 9, 2013, the trial court entered an order with an accompanying ...


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