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[U] Commonwealth v. Shamberger

Superior Court of Pennsylvania

March 11, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ANTHONY SHAMBERGER Appellant

NON-PRECEDENTIAL DECISION

Appeal From The Judgment Of Sentence October 30, 2008 In The Court of Common Pleas of Philadelphia County Criminal Division At No(s): CP-51-MD-0302741-2006

BEFORE: ALLEN, JENKINS, and FITZGERALD [*] , JJ.

MEMORANDUM

JENKINS, J.

A jury found Anthony Shamberger guilty of terroristic threats[1]and carrying a firearm without a license[2]. Because he had a prior felony that made it unlawful for him to possess a firearm, the trial court found him guilty of persons not to possess firearms[3]. The trial court imposed an aggregate sentence of 7 ½ - 15 years imprisonment.

In this direct appeal, Shamberger contends that the evidence was insufficient to sustain his convictions for terroristic threats and carrying a firearm without a license. We affirm.

The trial court summarized the evidence as follows:

Complainant Kimberly Bannon and [Shamberger] were in a romantic relationship which produced two children. After they began their relationship[, ] Complainant purchased a house at 2552 Massey Street, Philadelphia, PA[, ] and [Shamberger] moved in with her. Complainant testified that [Shamberger] lived with her on and off for a number of years during which they constantly fought[, ] and that [Shamberger] was abusive. She explained that she made multiple attempts to resolve their conflicts for the sake of their children.
At trial, Complainant testified of three incidents during which [Shamberger] assaulted her. The [third] incident[4] giving rise to the instant appeal. . .occurred on June 20, 2004. At that time, Complainant was in a new relationship with Maurice Jordan. On that date[, ] [Shamberger] broke into Bannon's house, entered her locked bedroom where she was with Jordan and ordered him to leave. Jordan refused and an argument ensued. The three went downstairs and eventually [Shamberger] left the house. [Shamberger], however, returned shortly thereafter, threatened to kill Complainant and Jordan, retrieved a firearm from his waist, pointing it at the pair. Jordan testified that [Shamberger] slid the firing mechanism back to load the firearm and again ordered Jordan to leave[, ] whereupon Jordan exited the house and called police. Police Officer Carl Drew responded, however [Shamberger] fled before Drew arrived. A warrant was later issued for [Shamberger's] arrest.

Trial Court Opinion, pp. 2-3 (citations omitted).

As stated above, on October 24, 2008, the trial court sentenced Shamberger to 7 ½ - 15 years imprisonment. Shamberger did not file a direct appeal, but on August 24, 2009, Shamberger filed a timely PCRA petition seeking leave to file a direct appeal nunc pro tunc. On January 12, 2012, the trial court granted the petition and reinstated Shamberger's right to file a direct appeal. Shamberger filed a timely notice of appeal but failed to file a timely concise statement of errors complained of on appeal ("concise statement"). The trial court issued a Pa.R.A.P. 1925 opinion stating that all issues were waived due to the lack of a concise statement. This court remanded the case with leave for Shamberger to file a concise statement. On July 12, 2012, Shamberger filed a concise statement raising eight issues.

Shamberger's brief in this court raises only two of the eight issues in his concise statement:

(1) Was the evidence insufficient to find that [Shamberger] possessed a firearm?
(2) Was the evidence insufficient to find [Shamberger] guilty of the offense of ...

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