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[U] Commonwealth v. Cooper
Superior Court of Pennsylvania
March 11, 2014
COMMONWEALTH OF PENNSYLVANIA, Appellee
CARDELL COOPER, Appellant
Appeal from the Judgment of Sentence Entered June 15, 2012 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0001071-2010
BEFORE: BENDER, P.J.E., WECHT, J., and STRASSBURGER, J. [*]
Appellant, Cardell Cooper, appeals from the judgment of sentence of two to four years' incarceration, imposed following a violation of probation (VOP) hearing and the revocation of Appellant's probationary sentence. After careful review, we affirm.
The trial court set forth the facts of Appellant's case as follows:
On September 16, 2009, [Appellant] pleaded guilty before the Honorable Daniel J. Anders to possession of a controlled substance with the intent to deliver ("PWID") and the knowing and intentional possession of a controlled substance. On October 3, 2011, the trial court accepted the negotiated guilty plea and sentenced [Appellant] to eleven and [one-]half to twenty-three months of incarceration followed by five years of reporting probation. The trial court granted [Appellant's] request for immediate parole to house arrest.
On January 27, 2012, [Appellant] was arrested and charged with the knowing and intentional possession of a controlled substance. On June 11, 2012, the Honorable James M. DeLeon heard [Appellant's] motion to suppress narcotics recovered from a search of [Appellant's] person by police officers. After hearing testimony from [Philadelphia Police] Officer [Damien] Stevenson, Judge DeLeon granted [Appellant's] motion and suppressed the narcotics based on credibility. The Commonwealth withdrew prosecution of this case based upon the granting of the motion to suppress.
On June 12, 2012, the Commonwealth filed a motion for a  Kates hearing, which was held on June 15, 2012, before Judge Anders. Officer Stevenson testified at the hearing as follows:
• Officer Stevenson was working on duty as a Philadelphia Police Officer on January 27, 2012, at 2:56 pm.
• He responded to a call for a disturbance and a person with a gun at 228 North 29th Street.
• He received flash information for a black male with a red beard.
• When he responded to 22 North 29th Street he saw [Appellant], who fit the flash description, arguing with an unknown female.
• [Appellant] had his hands in his pockets when Officer Stevenson approached, and then removed them.
• [Appellant] was belligerent and ignored a few verbal commands. Officer Stevenson instructed [Appellant] to put his hands on the wall nearby; [Appellant] refused.
• A brief struggle ensued, and Officer Stevenson immediately went over radio to ...
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