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Commonwealth v. Samuel

Superior Court of Pennsylvania

October 17, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
JERMAINE SAMUEL, Appellant

Submitted June 24, 2014

Page 1002

Appeal from the Judgment of Sentence April 12, 2013, of the Court of Common Pleas, Blair County, Criminal Division, No(s): CP-07-CR-0000667-2012 and CP-07-CR-0002674-2011. Before MILLIRON, J.

Matthew P. Gieg, Altoona, for Jermaine Samuel, appellant.

Richard A. Consiglio, Holidaysburg, for appellee.

BEFORE: DONOHUE, OLSON and PLATT[*], JJ.

OPINION

Page 1003

DONOHUE, J.

Jermaine Samuel (" Samuel" ) appeals from the judgment of sentence entered following his convictions of numerous counts of possession with intent to deliver, criminal use of a communication facility, dealing in unlawful proceeds and corrupt organizations.[1] He raises eight issues in this appeal. Following our review, we conclude that four of these issues have been waived, one is moot and the rest are without merit. Accordingly, we affirm.

Samuel's convictions are the result of an investigation by the Office of the Attorney General of Pennsylvania into an operation in which Samuel and multiple other people conspired to bring large quantities of cocaine from Baltimore to Pennsylvania for distribution in Altoona. The investigation included the use of confidential informants and multiple means of electronic surveillance, including body wires on the confidential informants and wiretaps and pen registers on at least four telephone numbers. The investigation resulted in 12 arrests. During his week-long trial, the evidence established that Samuel coordinated and received quantities of cocaine from Maryland, warehoused them in an office above a bar in Altoona, cut the drugs and repackaged them for sale to particular street-level dealers. Samuel was convicted of the crimes listed above and sentenced to an aggregate term of 46 1/2 to 103 years of incarceration. On April 22, 2013, Samuel filed a timely post-sentence motion. The trial court did not rule on Samuel's post-sentence motion within 120 days of the date it was filed, and so it was

Page 1004

effectively denied by operation of law.[2] This appeal follows.[3]

Samuel raises the following issues for our review, which we have reordered for purposes of our discussion:

1. Whether the trial court erred in denying Samuel's [o]mnibus [p]re-[t]rial [m]otion, which sought the suppression and exclusion of the contents of all wire, electronic, and/or oral communications, and evidence derived therefrom, relative to the non-consensual interceptions of the telephone numbers the Commonwealth associated with Samuel?
2. Whether there was sufficient evidence to sustain the jury's finding of guilt with respect to each count of which Samuel was convicted?
3. Whether the trial court erred in permitting the Commonwealth to present cumulative, prejudicial, and irrelevant evidence of 'historical controlled purchases' in which Samuel had no involvement?
4. Whether the trial court erred in failing to grant Samuel's continuing objection that the Commonwealth failed to properly authenticate the text ...

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