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Commonwealth v. Enix

Superior Court of Pennsylvania

June 26, 2018

COMMONWEALTH OF PENNSYLVANIA
v.
YAASMEER ENIX Appellant

          Appeal from the Judgment of Sentence July 22, 2016 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0009884-2013

          BEFORE: SHOGAN, J., NICHOLS, J., and STEVENS, [*] P.J.E.

          OPINION

          SHOGAN, J.

         Appellant, Yaasmeer Enix, appeals from the judgment of sentence entered following his conviction of aggravated assault.[1] We vacate the judgment of sentence and remand for a new trial.

         The trial court summarized the procedural history of this case as follows:

On October 22, 2009, [Appellant] was arrested and charged with inter-alia: 1) Attempted Murder1; 2) Aggravated Assault2; 3) Firearms not to be Carried Without a License3, 4) Carrying Firearms on Public Streets or Public Property in Philadelphia4; and 5) Possession of an Instrument of a Crime With Intent.5 March 26, 2016, [Appellant's] first trial, the jury was unable to reach a verdict, which ended in a mistrial .... On May 2, 2016, [Appellant], at the conclusion of his second jury trial, was convicted only on the charge of Aggravated Assault.
1 18 Pa.C.S.A. 901(a)
2 18 Pa.C.S.A. §2702(a)
3 18 Pa.C.S.A. §6106
4 18 Pa.C.S.A. §6108
5 18 Pa.C.S.A. 907(a)
On July 14, 2016, [Appellant] filed a motion for extraordinary relief, which the [trial c]ourt denied, after a hearing on July 22, 2016[.] On July 22, 2016, [Appellant] was sentenced to a period of confinement in a state correctional facility of ten to twenty years on the charge of Aggravated Assault. On August 1, 2016, [Appellant] timely filed a motion seeking reconsideration of his sentence, which the [trial c]ourt subsequently denied on October 4, 2016.
On August 15, 2016, [Appellant] timely filed the instant appeal to the Superior Court of Pennsylvania[.]6 On August 16, 2016, this [c]ourt filed and served on [Appellant] an Order pursuant to Rule 1925(b) of the Pennsylvania Rules of Appellate Procedure, directing [Appellant] to file and serve a Statement of Errors Complained of on Appeal within twenty-one days of the [c]ourt's Order. On September 6, 2016, [Appellant] timely filed a rambling "Pennsylvania Rule of Appellate Procedure 1925(b) Statement," improperly setting forth extensive factual and legal argument.
6September 30, 2016, the Superior Court issued, sua sponte, a rule to show cause why [Appellant's] notice of appeal should not be quashed as interlocutory[.] By order dated November 8, 2016, the Superior Court referred decision on its rule to the panel assigned to rule on the merits of [Appellant's] appeal[.]

Trial Court Opinion, 8/16/17, at 1-2.

         Appellant presents the following issues for our review:

I. Did the trial judge, after closing arguments, abuse his discretion and interject his own biased opinion to the jury against Appellant's case, in the closing charges, and, in doing so, violate Appellant's right to due process and a fair trial?
II. Was the evidence insufficient for a finding of guilt on the single charge of aggravated assault?
III. Was the jury verdict on the single charge of Aggravated Assault against the ...

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