Com. v. Thomas, T.


J-S36022-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : TEVIN THOMAS : : Appellant : No. 1202 EDA 2017 Appeal from the Judgment of Sentence April 11, 2016 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0014120-2014, CP-51-CR-0014121-2014 BEFORE: GANTMAN, P.J., DUBOW, J., and KUNSELMAN, J. MEMORANDUM BY DUBOW, J.: FILED NOVEMBER 27, 2018 Appellant, Tevin Thomas, appeals from the Judgment of Sentence of 20 to 40 years’ incarceration imposed after a jury convicted him of two counts each of Attempted Murder and Aggravated Assault, and one count each of Carrying a Firearm Without a License and Carrying a Firearm in Public in Philadelphia.1 Appellant challenges the sufficiency and weight of the evidence in support of his convictions, and the discretionary aspects of his sentence. After careful review, we affirm on the basis of the trial court’s September 12, 2017 Pa.R.A.P. 1925(a) Opinion. ____________________________________________ 1 18 Pa.C.S. §§ 901(a); 2502(a); 2702(a); 6106(a)(1); and 6108, respectively. The Commonwealth also charged Appellant with two counts of each of Simple Assault and Recklessly Endangering Another Person, but nolle prossed those charges before trial. 18 Pa.C.S. §§ 2701 and 2705, respectively. J-S36022-18 The relevant facts, as gleaned from the certified record, are as follows. On March 25, 2014, at around 5:30 PM, Philadelphia Police Officers Christopher Daukaus, Michael Inemer, George Lane, and Stephen Murray were responding to an incident on the 4800 block of Palethorp Street in Philadelphia when they heard gunshots nearby, coming from the direction of the intersection of Louden and Mascher Streets. The officers ran towards the gunshots, and, at the intersection of Palethrop and Louden Streets, met two armed men, later identified as Paris Nicholson and Demetrius Dickens. Dickens complied with police orders to drop his weapon, and Officers Murray and Inemer placed him under arrest. Dickens told police that he and Nicholson had been fleeing a shooting at the corner. Officers Daukus and Lane followed Nicholson as he attempted to escape. While in flight, Nicholson turned and shot at the officers. Officer Lane returned fire, exchanging approximately 15 to 20 shots with Nicholson. The officers then apprehended Nicholson and placed him under arrest. Police recovered firearms from both Nicholson and Dickens.2 A witness reported to Officers Daukus and Lane that a man had been shot around the corner, on Mascher Street. Officer Lane proceeded there, and he and additional officers began looking for the unidentified injured male. Officer Lane discovered an injured man, later identified as Appellant, sitting on a wall at 4761 Mascher Street. Officer Lane also recovered a Glock ____________________________________________ 2 The Commonwealth prosecuted Nicholson and Dickens both of whom pleaded guilty to multiple offenses arising from this incident. -2- J-S36022-18 .9 millimeter semi-automatic pistol with an extended, 33-shot magazine from the real wheel well of a nearby minivan. Police arrested Appellant at the scene and an ambulance transported him to the hospital to obtain treatment ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals