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[U] Commonwealth v. Cooper

Superior Court of Pennsylvania

March 11, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
CARDELL COOPER, Appellant

NON-PRECEDENTIAL DECISION

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. [*]

MEMORANDUM

BENDER, P.J.E.

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.[1] 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[2] 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[8] 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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