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Commonwealth v. Taylor

Superior Court of Pennsylvania

July 20, 2015

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
JERRY TAYLOR, Appellant

Submitted, March 2, 2015

Appeal from the Order of the Court of Common Pleas, Philadelphia County, Criminal Division, No. CP-51-CR-0004655-2013. Before SCHULMAN, J.

Lawrence J. Bozzelli, Philadelphia, for appellant.

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: STABILE, JENKINS, and MUSMANNO, JJ.

Page 1018

OPINION

STABILE, J.

Appellant Jerry Taylor appeals from the January 27, 2014 order of the Court of Common Pleas of Philadelphia County (" trial court" ), denying his pretrial motion to dismiss on double jeopardy grounds a charge under Section 6105 of the Pennsylvania Uniform Firearms Act of 1995 (" VUFA" ), 18 Pa.C.S.A. § 6105. Upon review, we remand the matter to the trial court for compliance with Pa.R.Crim.P. 587(B).

On February 28, 2013, in connection with the February 18, 2013 shooting in

Page 1019

which Shay Gibson was injured,[1] the Philadelphia Police Department charged Appellant with, inter alia, attempted murder, aggravated assault, possessing an instrument of a crime (" PIC" ), carrying a firearm without a license, carrying a firearm on the public streets of Philadelphia, and persons not to possess firearms.[2] On March 1, 2013, the police executed a search warrant on Appellant's residence, confiscating a firearm that was unrelated to the February 18, 2013 shooting. Appellant, however, was not charged with any offenses related to the March 1, 2013 discovery of the firearm.

On March 15, 2013, Appellant was indicted by a grand jury on the foregoing charges stemming from the February 18, 2013 shooting. Prior to the commencement of trial, the trial court severed the VUFA Section 6105(a)(1) charge (persons not to possess firearm) from all the other charges to be tried.[3] As a result, the parties agreed to hold a separate trial on the Section 6105 charge. On November 22, 2013, a jury acquitted Appellant on all charges severed from the VUFA Section 6105(a)(1) charge.

Following the jury's verdict, the trial court informed Appellant of the outstanding Section 6105 charge related to the February 18, 2013 shooting and provided him with the option of either proceeding to a jury or bench trial. Appellant opted for a jury trial. The court set a trial date for May 5, 2014.[4] On January 5, 2014, Appellant filed a motion to dismiss the severed Section 6105 charge related to the February 18, 2013 shooting based on double jeopardy. Appellant argued that the severed Section 6105 charge should be dismissed because a jury already had " acquitted [him] of the charges of possessing a firearm in connection with" Sections 6106, 6108 and PIC. See Motion to Dismiss, 1/5/13, at 5. Differently put, Appellant argued " the initial jury has already decided that [Appellant] [] did not possess a firearm beyond a reasonable doubt." Id. Following oral argument, the trial court denied Appellant's motion on January 27, 2014. Appellant timely appealed to this Court.

In his Pa.R.A.P. 1925(b) statement of errors complained of on appeal, Appellant raised the ...


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