Commonwealth v. McDaniels

258 A.3d 543 (Table)

COMMONWEALTH of Pennsylvania

v.Jamar MCDANIELS, Appellant

No. 1331 EDA 2020

Superior Court of Pennsylvania.

Filed June 22, 2021

MEMORANDUM BY STEVENS, P.J.E.:

Appellant Jamar McDaniels appeals from the Judgment of Sentence entered in the Court of Common Pleas of Montgomery County on June 4, 2020, following his convictions of various firearms and drug charges. Following our review, we affirm.

The trial court detailed the facts and procedural history herein as follows:

On October 10, 17, 26 and 29, 2018, Sergeant Edward Kropp, Jr. utilized two confidential informants to make a total of four controlled buys from the property at 342 Lincoln Avenue, Pottstown, Montgomery County. Notes of Testimony, Mar. 3, 2020 at 89. Prior to each buy, the CI was searched to ensure that they had no money or drugs on their person or in their car. Id. at 92, 100, 219. After the search, they were given prerecorded currency to make the buy. Id. at 92, 100[.] When the informant returned with the drugs, they were searched again to ensure they had no additional drugs on their person. Id. at 94.

Officer Brett Cortis set up surveillance in the area of 342 Lincoln Avenue for each of the controlled buys. Id. at 175. On October 10, 27 and 29, 2018, Cortis observed the CI walk to the residence and enter the home through the west door; a few minutes later, the CI exited and returned to Sgt. Kropp. Id. at 175, 177. On October 17, 2018, Cortis observed [Appellant] ¹ and Jean Gross² outside the residence at 342 Lincoln Ave. Id. at 176. He then observed the CI arrive by vehicle, get out of the car and meet with [Appellant] outside. Id. The two then entered the home. Id. A short time later, both exited the home, the CI returned to their vehicle and drove away, and [Appellant] remained outside. Id. Based on this series of controlled buys, law enforcement obtained a search warrant for the residence, however, [Appellant] and his co-conspirators were not charged with these controlled buys.

On November 2, 2018, officers served the search warrant on the property at 342 Lincoln Ave. Id. at 25. One of the CIs had also provided information that the doors of the residence were fortified with two by fours and that weapons were readily available in the home. Id. at 26. When no one answered the door, police forced entry into the home. Id. at 27. Four individuals were inside the home, Ronald [McDaniels] and [Appellant], Kysim Gardner and Ronald McDaniels’ minor son. Id. at 28-29, 34.

The parties stipulated that the following items that were recovered from the first floor of the home contained controlled substances: the clear zip-lock bag located in the trash bag on the kitchen floor, contained 0.39 grams of cocaine. Exhibit C-63; the nine (9) clear capsules located on the kitchen floor, contained 0.06 grams of caffeine. Exhibit C-67; the twenty-seven (27) clear capsules located inside the black bag on the kitchen floor contained 0.18 grams of caffeine. Exhibit C-70; the four (4) plastic containers with yellow lids located inside the black vest on the basement door, contained 0.88 grams of cocaine and N-Ethylpentylone. Exhibit C-74; the silver capsule located in the leather jacket on the basement door, contained 0.71 grams of caffeine, sildenafil, and tadalafil. Exhibit C-75; the knot sealed clear bag and the clear zip-lock bag located inside the silver box in the dining room, contained 12.73 grams of cocaine and 15.64 grams of cocaine, respectively. Exhibit C-79; the three (3) clear zip-lock bags and the yellow plastic container located inside the silver box in the dining room, contained 0.98 grams of cocaine and 0.28 grams of cocaine, respectively. Exhibit C-80; the fifteen (15) yellow plastic containers located inside cigarette wrapper in the dining room dresser, contained 3.56 grams of cocaine and N-Ethylpentylone. Exhibit C-83; C-the eighty-five (85) yellow plastic containers located inside the black Zoraki gun case in the dining room, contained 20.05 grams of cocaine and N-Ethylpentylone. Exhibit C-84; the two (2) digital scales located inside dining room dresser drawer, both test positive for cocaine. Exhibit C-86. Mail addressed to [Appellant] and a physical therapy schedule were also recovered from the dresser drawers in the dining room. Id. at 67-69.

A loaded Zoraki handgun with an extended magazine was found in a bag in the living room. Id. at 74. Two Newport cigarette packs containing a razor, packaging and a Sprint receipt for the phone number 267-701-1135. Id. at 78. A loaded Ruger pistol with an obliterated serial number was recovered from inside of an end table in the living room. Id. at 79-80.

Upstairs, in the south bedroom of the home, a sock was found in a cardboard box containing $2,400 cash, a social security card for [Appellant], a state identification card for [Appellant], two green dot debit cards for [Appellant], and a knotted baggie of cocaine. Id. at 180-183. The clear plastic bag located in the sock, contained 14.32 grams of cocaine. Id. at 184. A duffle bag containing two cell phones, ammunition and mail addressed to [Appellant] was also found in the same bedroom. Id. at 185-186.

In the north bedroom, two loaded handguns, a .40 caliber Taurus and a Glock 27, were found sitting on an ottoman. Id. at 190-191. Next to the guns, police recovered a brown eyeglass case which contained a clear zip-lock plastic bag containing 2.93 grams of marijuana and plastic vials identical to those found in the kitchen. Id. at 195-197. Inside the ottoman, police recovered a drug sales ledger, packaging and cutting materials, as well as a cigar box containing cocaine, paperwork addressed to Ronald McDaniels and a copy of his birth certificate. Id. at 197-198. The yellow plastic container located inside the cigar box in the north bedroom, contained 0.07 grams of cocaine. Id. at 199. The two (2) clear plastic bags located inside the cigar box in the north bedroom, contained 117.84 grams of cocaine. Id. at 200. Additionally, $4,667 cash was found in a sock in the pocket of a pair of jeans on the floor of this bedroom. Id. at 202. A prerecorded $20 bill from the controlled buy on October 29, 2018 was found in the front pocket of the jeans and another $600 cash was in the other front pocket. Id. at 204. On the nightstand in this room, police recovered a state issued identification card for Ronald McDaniels as well as a cell phone. Id. Ammunition, another drug ledger and a marijuana pipe were also recovered from the nightstand. Id. at 206. In the top of the closet in this bedroom, police recovered glassine baggies, typically used to package drugs for sale. Id. at 209. Additional paperwork addressed to Ronald McDaniels was found in the closet. Id. at 211. Another gun and ammunition were recovered under the bed. Id. at 213. A total of five guns were recovered from the home. Id. at 215.

Police were able to download the contents of the phone used by Jean Gross and the phone used by [Appellant]. N.T. Mar. 5, 2020 at 31, 33. The phone belonging to [Appellant] contained numerous drug related text messages in the months leading up to the controlled buys and search warrant. Id. at 39-43. The messages also reference Ronald McDaniels and Jean Gross as being involved in the drug trade. Id. at 43.

A criminal complaint was filed November 2, 2018. The first pretrial conference in this matter was scheduled for March 21, 2019. On that date, [Appellant] requested a continuance. The next pretrial conference was scheduled for April 10, 2019. On April 10, 2019, [Appellant] filed an Order for Competency Evaluation. On that date, [Appellant] requested a second continuance for sixty days to obtain a Competency Evaluation and signed a Rule 600 waiver. On April 11, 2019, [Appellant] filed two documents titled "Request for Pretrial Discovery Pursuant to Pa. R. Crim. P. 573" and a hearing was scheduled for April 26, 2019. On April 26, 2019, The Honorable Arthur R. Tilson, acting as the Criminal Miscellaneous Judge, dismissed the Request as Moot, noting that the Defendant's Motion to Compel the confidential informant ("CI") should be heard by the undersigned. The case was placed on the call of the trial list for June 24, 2019. On June 24, 2019, the case was placed on standby for the period of July 8 through July 26, 2019. At the next call of the trial list, the case was again placed on standby for the period of August 5, 2019 through August 16, 2019. At the next trial list on August 19, 2019, the case was again placed on standby for the period of August 26, 2019 through September 20, 2019. By Order of August 23, 2019, a Competency hearing was scheduled for August 28, 2019. On August 28, 2019, the matter was continued to September 23, 2019 for a status conference on the [Appellant's] competency. On September 16, 2019, [Appellant] was directed to appear for a competency evaluation on September 23, 2019. At the next call of the trial the case was again placed on standby with the notation [Appellant] was declared incompetent. On October 21, 2019, the case was again placed on standby with the notation that the Commonwealth's competency evaluation was imminent.

On November 4, 2019, [Appellant] requested a continuance of the Bench Trial scheduled for that date. A determination of competency hearing was scheduled for November 25, 2019. The hearing was rescheduled for December 11, 2019. On that date, a witness failed to appear and a bench warrant was issued. The matter was scheduled again for a determination of competency for January 22, 2020. On that date [Appellant] was found competent to stand trial.

On February 13, 2020, [Appellant] filed a "Motion to Dismiss for Violation of Rule 600 and Motion to Continue Trial." A hearing on [Appellant's] Rule 600 Motion was held on February 13, 2020. The [c]ourt denied the same by Order. Trial commenced on March 2, 2020. Following a two[-]day trial, [Appellant] was convicted of Possession with the Intent to Distribute-Cocaine³, Possession of a

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