J-A22039-18, J-A22040-18 2018 PA Super 330 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DAUDA SANUSIE JABBIE : : Appellant : No. 4025 EDA 2017 Appeal from the Judgment of Sentence November 14, 2017 In the Court of Common Pleas of Delaware County Criminal Division at No(s): CP-23-CR-0003728-2016 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DAUDA SANUSIE JABBIE : : Appellant : No. 4026 EDA 2017 Appeal from the Judgment of Sentence November 14, 2017 In the Court of Common Pleas of Delaware County Criminal Division at No(s): CP-23-CR-0005497-2016 BEFORE: BENDER, P.J.E., NICHOLS, J., and STEVENS*, P.J.E. OPINION BY STEVENS, P.J.E.: FILED DECEMBER 05, 2018 Appellant, Dauda Sausie Jabbie, appeals from the judgments of sentence entered in the Court of Common Pleas of Delaware County after he entered counseled pleas of nolo contendere to one count of criminal trespass in docketed case 5497 of 2016 and to one count each of access device fraud and theft of lost property in docketed case 3728 of 2016. Appellant contends his pleas were not knowingly, intelligently, and voluntarily made. We affirm. ____________________________________ * Former Justice specially assigned to the Superior Court. J-A22039-18 On May 31, 2016, the Haverford Township Police arrested Appellant and charged him with two counts of forgery, eleven counts of access device fraud, eleven counts of identity theft, and one count of theft of property. Represented by counsel, Appellant waived his preliminary hearing on all charges except the two counts of forgery, which the Commonwealth had withdrawn. On January 5, 2017, Appellant underwent a Psychological and Competency Evaluation by a neuropsychologist, who determined him to be incompetent and in need of both psychiatric medication and inpatient stabilization. Defendant’s Motion Seeking Competency Determination, 1/23/17. Specifically, the written evaluation stated Appellant “had sufficient cognitive capacity to proceed to trial but lacked psychological stability. His current depressed state with complete lack of motivation would impact both his ability to communicate with counsel and his rational understanding of the trial process.” Psychological and Competency Evaluation, 1/20/17, at 3. In this regard, it was the neuropsychologist’s opinion that Appellant did not present as an individual afflicted with mental illness akin to schizophrenia, as was suggested by Appellant’s father. Instead, because Appellant “was capable of rationale responses, understanding evaluator’s requests, and did not show the physical disorganization . . . or delusions/hallucinations typically associated with a psychotic episode[,] his presentation was more consistent with an individual who was depressed and lacking any motivation to improve his overall situation.” Id. at 2. -2- J-A22039-18 By order dated February 7, 2017, based in large part on the Evaluation’s recommendation and conclusion, the trial court deemed Appellant incompetent to stand trial. Appellant came under the care of a psychiatrist at Mercy Philadelphia Hospital and was referred to The Consortium, Inc., which is a counseling and therapy organization located in Philadelphia. N.T., 2/21/17 at 3. His treatments also included taking medication. Id. The ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals