Commonwealth v. Chapman

COMMONWEALTH OF PENNSYLVANIA Appellee v. MANLEY CHARLES CHAPMAN Appellant

J-S04023-21

J-S04024-21

J-S04025-21

No. 353 MDA 2020

No. 373 MDA 2020

No. 836 MDA 2020

SUPERIOR COURT OF PENNSYLVANIA

APRIL 9, 2021

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered January 13, 2020

In the Court of Common Pleas of Bradford County

Criminal Division at No.: CP-08-CR-0000564-2019

Appeal from the Judgment of Sentence Entered January 13, 2020

In the Court of Common Pleas of Bradford County

Criminal Division at No.: CP-08-CR-0000253-2019

Appeal from the Judgment of Sentence Entered January 13, 2020 In the Court of Common Pleas of Bradford County

Criminal Division at No.: CP-08-CR-0000671-2019

BEFORE: OLSON, J., STABILE, J., and MUSMANNO, J.

MEMORANDUM BY STABILE, J.:

Appellant Manley Charles Chapman appeals from the January 13, 2020 judgments of sentence entered in the Court of Common Pleas of Bradford County ("trial court"), following his jury convictions for criminal use of communications facility, two counts of delivery of a controlled substance (methamphetamine and alprazolam), possession with intent to deliver ("PWID") (methamphetamine) and possession of contraband (methamphetamine ) by an inmate.¹ Upon review, we affirm.

The facts and procedural history of this case are undisputed. On June 4, 2019, following a February 1, 2019 narcotics investigation, Appellant was charged with, inter alia, criminal use of communications facility, and two counts of delivery of a controlled substance (methamphetamine and alprazolam) at docket number 564-2019 ("First Case"). The affidavit of probable cause accompanying the complaint alleged:

1. On February 1, 2019, your affiant, along with officers from the Bradford County Drug Task Force (BCDTF) met with Confidential Informant (CI) #BN8-009-19 for the purpose of purchasing .7 of a gram of crystal meth and one Klonopin tablet from a white male, identified by the CI and BCDTF members as [Appellant]. While in BCDTF members' and your affiant'spresence, the CI made numerous contacts with [Appellant] by voice calling and texting on Facebook Messenger. While speaking, the CI then made arrangements to purchase the controlled substance for $50.00. While making arrangements, [Appellant] stated that the CI needed to come to meet him at the "Twin Rivers Terrace" Apartment Complex, located on Spruce Street, Athens, PA 18810, in order to make the deal. [Appellant] further requested that the CI purchase small baggies to store drugs from a local tobacco shop to give to Chapman as a part of the exchange. Prior to leaving, the CI was searched without any contraband located.

2. At approximately 3:12 PM after purchasing the baggies requested by [Appellant], your affiant arrived at [the] apartment complex while driving the [CI]. Upon pulling into the first parking lot between the 100 and 200 buildings, the CI was eventually contacted by Chapman and asked to walk around the north side of the 200 building and was given $50.00 in pre-recorded OAG buy money and the requested, purchased small baggies prior to leaving the vehicle.

3. Upon walking, officers observed the CI meeting with a white male wearing a black hoodie. After seeing them exchange things and smoking cigarettes briefly before the CI walked around the rear of the 200 building to the south side of the building and back to your affiant's vehicle. Upon entering the vehicle, [t]he CI immediately handed your affiant a folded $5.00 bill containing a bag with suspected crystal meth and a Klonopin tablet that the CI stated was exchanged with [Appellant], the male in the black hoodie, for the $50.00 in OAG buy money. The CI stated that the $5.00 bill was given by [Appellant] for the baggies that were given to him.

4. The purchased meth was subsequently found to weigh approximately .7 grams and field-tested positive for the presence of methamphetamine by Officer Serfos.

Affidavit of Probable Cause, 6/4/19 (sic). On February 25, 2019, in connection with a traffic stop, Appellant was charged with, among other things, PWID at docket number 253-2019 ("Second Case"). The affidavit accompanying the complaint alleged:

On February 25th 2019, I, [Officer] Dekar a sworn member of the Athens Borough police department, was on patrol. At approximately 03:13 hrs, I observed a white pick-up truck leave the 300-500 block of Twin Rivers apartment. I observed the vehicle pull to the side of the road on Longway street without signaling. I observed the struck [sic] stop on the roadway for an unknown reason. I further observed the male driver, later identified as, Kevin C. Shappee, waive his arm at me out of his driver's side window. I activated my emergency overhead lights at this time to initiate a traffic stop.

Upon making contact with Shappee, I detected an odor of marijuana emitting from the vehicle. I requested Shappee's driver [sic] license, which he provided. I then went back to my vehicle. I requested back-up at this time. [Officer] Zebrowski and [Officer] Watkins, both sworn members of the Sayre Borough Police department arrived on the scene at this time.

We approached the vehicle at this time. I asked Shappee where the marijuana was? Shappee ultimately advised me that it was in the glove box. I observed Shappee's eyes to be glassy and red in appearance. Due to the weather I advised Shappee that I was going to detain him and take him to my office to perform field sobriety tests. Shappee agreed. Shappee was then patted down. Shappee was then placed in my patrol vehicle.

Once in the patrol vehicle Shappee asked if I wanted to get a guy that has a lot of "ice" on him? Shappee then stated that the guy, later identified as [Appellant], had "a bunch of ice" on him. Later described as two sandwich baggies about half full of methamphetamine. . . . .

Shaped advised me that he gave [Appellant] and Lucy a ride home to Twin Rivers. Shappee advised me that on the way from Walmart to the apartment they smoked weed in the truck. Once they arrived at twin rivers they walked into the third door from the right, Apt. Shappee stated that [Appellant] was going to pay him gas money for the ride. Once he was inside he was offered "ice" and he declined. Shappee advised me that "ice" was methamphetamine and that he had seen it in the past before. Shappee advised me that he took $3.00 from him instead. Shappee stated that he would estimate that there was about two sandwich baggies half full of "ice" that he observed while inside Lucy's bedroom. Shappee stated that [Appellant] was grabbingand or touching his right rear small of his back with his right hand frequently. Shappee believed that he had a firearm on him. Shappee witnessed a large "black tactical knife" in [Appellant's] hand while in the apartment. Shappee stated [Appellant] was looking under items while in the house and acting paranoid.

Shappee's girlfriend, Amber Herman, confirmed [Appellant] and Jacqueline Lucy were in fact the two individuals that Shappee gave a ride to Twin Rivers apartment complex. Herman also stated that [Appellant] has messaged her within the last two weeks trying to sell her methamphetamine. Herman has known [Appellant] for approximately ten years. . . . .

A search warrant was executed on the above apartment by the members of the Bradford Regional Special Operations Team. Once the residence was secure and the occupants were safe Athens Borough police officers started the search of the residence. Found in the residence was methamphetamine, packaging equipment, scales, a log book of drug sales/transactions, marijuana, a water bong, a small plastic container with unknown white substance inside, metal knuckles, a homemade taser, numerous modified fake firearms, numerous knives, multiple glass pipe used for inhaling narcotics, and counterfeit U.S. currency totaling $9,900.00.

The tenant of the apartment filled out a written statement knowing that [Appellant] had methamphetamine inside her residence. She also knew that [Appellant] was attempting to conceal his narcotics from law enforcement as all of the occupants were called down from the upstairs of the apartment.

Affidavit of Probable Cause, 2/25/19 (sic). On July 23, 2019, while Appellant was in jail at the Bradford County Correctional Facility, he was charged with possession of contraband (methamphetamine) by an inmate at docket number 671-2019 ("Third Case"). The three cases eventually were joined for jury trial. The trial court summarized the evidence adduced at trial as follows.

Attorney General Bureau of Narcotics Investigation Drug Control Agent Urbanski testified that prior to February 22, 2019, a confidential informant (CI) made contact with Appellant via Facebook messenger, text and voice calls in his presence. Arrangements were made to meet. Appellant also requested CI to obtain small baggies. CI was searched and no contraband was found. Agent and CI drove to the meeting location, an apartment complex. CI engaged in more text messages and voice calls with, who she said was Appellant. Agent then observed CI walk towards building and meet with a white male in a black hoodie fitting the description of Appellant. CI and male walked around building. A short time later CI returned and handed Agent prescription medication tablet and a $5.00 bill with a small amount of methamphetamine in it. CI told agent she met with Appellant, gave him $50.00 which was pre-recorded by Agent, in exchange for the tablet and methamphetamine as well as $5.00 for providing the plastic bags for him. A field test of the methamphetamine was positive. It was photographed. The weight was approximately 1 gram. The written messages on CI's telephone were photographed. The cash provided to CI was photographed.

On February 25, 2020 at 3:00 a.m., Athens Borough Police Officer Dekar had an interaction with a Kevin Shappee. Mr. Shappee advised the officer that he had observed a large quantity of Methamphetamine at an apartment where Appellant was staying. A search

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