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Commonwealth v. Jacquez

Superior Court of Pennsylvania

April 6, 2015

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
KEVIN ADOLFO JACQUEZ, Appellant

Submitted February 17, 2015

Page 835

Appeal from the Judgment of Sentence June 19, 2014 of the Court of Common Pleas, Berks County, Criminal Division, No(s): CP-06-CR-0003170-2013. Before YATRON, J.

Richard A. Joyce, Jr., Public Defender, Reading, for appellant.

Alisa R. Hobart, Assistant District Attorney, Reading, for Commonwealth, appellee.

BEFORE: LAZARUS, J., WECHT, J., and JENKINS, J.

OPINION

LAZARUS, JUDGE

Page 836

Kevin Adolfo Jacquez appeals from the judgment of sentence imposed by the Court of Common Pleas of Berks County following his conviction for conspiracy to commit burglary,[1] theft by unlawful taking (M3),[2] conspiracy to commit theft by unlawful taking,[3] and receiving stolen property.[4] After careful review, we affirm.

The trial court summarized the facts of this case as follows:

On the morning of April 4, 2013, Antonio Fernandez arrived at the store he owns and manages, La Esquina Famosa at 1300 North 10th Street in the City of Reading, and discovered its contents strewn across the floor. Fernandez had closed the store around 10:30 p.m. the previous night, and the door was still locked the next morning. He noticed that one of the ceiling panels had been moved, and that the items on a shelf underneath the panel were positioned, " as if somebody had stepped on there." Fernandez investigated the ceiling panel and noticed a large hole leading to the upstairs apartment. Fernandez also recognized that numerous items were missing, including a bank envelope, cigars, cigar wrappers, cigarettes, a water jug filled with change, and other store merchandise.
Fernandez called the police, and at approximately 7:50 a.m., Officer James Yeasted arrived and spoke with Fernandez. Yeasted saw [Jacquez] standing outside the store; [Jacquez], holding two black garbage bags, was next to a nearby door landing to stairs to an apartment. Yeasted learned that [Jacquez] lived in an apartment above the store with his girlfriend, who was the only individual who had keys. [Jacquez] stated that they had been moving out of the apartment the night before, and that he had returned that morning to move additional items.
[Jacquez] granted them permission to look around inside. In the corner of the main room, Yeasted observed an empty water jug identical to the one missing from the store. Inside the kitchen stove, there was a black backpack containing Fernandez's laptop, loose change, and some other items. Inside a closet, the carpet was lifted up and a tile underneath was broken. Beneath the tile, the loose floorboards could be removed, and you could see down into the store below. The resulting hole was approximately two feet by one-and-a-half feet.
Fernandez also came up to the apartment, and he identified multiple items that were sold in his store. Fernandez recognized [Jacquez] because he came into the store almost daily, where he would buy cigars and random food items. [Jacquez's] girlfriend would come into the store to purchase cigarettes. Outside on the sidewalk, Fernandez found a bag containing cigar wrappers and store-related paperwork that had been taken. The bag also contained construction materials, evidently from the hole put in the floor between the store and apartment.
Criminal Investigator Joseph Snell joined the investigation of the apartment later that morning. He testified as to a

Page 837

strange conversation with [Jacquez] regarding some of the purported evidence:
Q: Did you speak to him while the search was being conducted, ...

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