from the Judgment of Sentence Entered July 31, 2018 In the
Court of Common Pleas of Delaware County Criminal Division at
BEFORE: BENDER, P.J.E., LAZARUS, J., and FORD ELLIOTT, P.J.E.
Rashan Lemar Dejarnette, appeals from the judgment of
sentence of an aggregate term of 5 to 10 years'
incarceration, followed by 4 years' probation, imposed
after he was convicted of several offenses under 18 Pa.C.S.
§ 6111 (sale or transfer of firearms). Appellant raises
two challenges to the legality of the court's imposition
of mandatory-minimum sentences under section 6111(h). After
careful review, we affirm.
not reproduce the trial court's detailed recitation of
the facts of Appellant's case for purposes of this
appeal. See Trial Court Opinion (TCO), 1/25/19, at
1-9. We only briefly note that the evidence presented at
Appellant's trial demonstrated that he went to a gun show
with several companions and made "straw purchases"
of two firearms for an individual who is not legally
permitted to possess a gun. For these acts, Appellant was
convicted, following a jury trial on June 13, 2018, of two
counts each of the following offenses: making materially
false written statements, 18 Pa.C.S. § 6111(g)(4)(ii);
firearm ownership - duty of other persons, 18 Pa.C.S. §
6111(c); tampering with public records, 18 Pa.C.S. §
4911(a)(1); and false reports to law enforcement, 18 Pa.C.S.
§ 4906(b)(1). The jury also found Appellant guilty of
six counts of criminal conspiracy, 18 Pa.C.S. § 903.
31, 2018, the court conducted Appellant's sentencing
hearing, at the close of which it imposed three
mandatory-minimum, five-year terms of incarceration pursuant
to 18 Pa.C.S. § 6111(h) for Appellant's two counts
of making materially false written statements, and one count
of firearm ownership - duty of other persons. The court also
sentenced Appellant to an aggregate, consecutive term of four
years' probation for his remaining convictions. Appellant
filed a timely post-sentence motion, which the court denied
after a hearing. He then filed a timely notice of appeal, and
he also complied with the trial court's order to file a
Pa.R.A.P. 1925(b) concise statement of errors complained of
on appeal. The court filed its Rule 1925(a) opinion on
January 25, 2019.
Appellant presents two issues for our review:
I) Whether the mandatory sentences imposed pursuant to 18
Pa.C.S. § 6111(h) for counts seventeen, eighteen, and
twenty are illegal since there is insufficient evidence of
record to conclude the [C]ommonwealth provided Appellant with
reasonable notice, prior to trial, of its intent to pursue
these enlarged penalties?
II) Whether the mandatory second-degree felony sentences
imposed pursuant to 18 Pa.C.S. § 6111(h) for counts
seventeen, eighteen, and twenty are illegal since the
[C]ommonwealth failed to charge this provision, indicate its
increased grading, or specify its triggering facts in the
Brief at 6 (emphasis omitted).
Appellant's issues challenge the legality of the
five-year, mandatory-minimum sentences imposed by the trial
court pursuant to 18 Pa.C.S. § 6111(h). That provision
(h) Subsequent violation penalty.--
(1) A second or subsequent violation of this section shall be
a felony of the second degree. A person who at the time of
sentencing has been convicted of another offense under this
section shall be sentenced to a mandatory minimum sentence of
imprisonment of five years. A second or subsequent offense
shall also result in permanent revocation of any license to
sell, import or manufacture a firearm.
(2) Notice of the applicability of this subsection to the
defendant and reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided
prior to trial. The applicability of this section shall be
determined at sentencing. The court shall consider evidence
presented at trial, shall afford the Commonwealth and the
defendant an opportunity to present necessary ...