J-S42012-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : AHMED F. GAD : : Appellant : No. 867 EDA 2019 Appeal from the PCRA Order Entered March 11, 2019 In the Court of Common Pleas of Northampton County Criminal Division at No(s): CP-48-CR-0003326-2016 BEFORE: OTT, J., KUNSELMAN, J., and COLINS, J.* MEMORANDUM BY OTT, J.: FILED OCTOBER 02, 2019 Ahmed F. Gad (“Gad”) appeals from the order entered March 11, 2019, in the Northampton County Court of Common Pleas, dismissing, following a hearing, his first petition for collateral relief filed pursuant to the Post Conviction Relief Act (“PCRA”).1 Gad seeks relief from the judgment of sentence of 12 to 24 months’ imprisonment for simple assault, 2 and a consecutive term of 45 to 90 days’ imprisonment for harassment,3 imposed ____________________________________________ * Retired Senior Judge assigned to the Superior Court. 1 42 Pa.C.S.A. §§ 9541-9546. 2 18 Pa.C.S.A. § 2701(a)(1). 3 18 Pa.C.S.A. § 2709(a)(1). J-S42012-19 following a jury trial. Concomitant with this appeal, counsel has filed a petition to withdraw and a Turner/Finley4 “no merit” letter. Because Gad’s claims lack merit, we affirm and grant counsel’s petition to withdraw. We take the underlying facts and procedural history in this matter from this Court’s opinion affirming the judgment of sentence. [Gad] was arrested in connection with the domestic abuse of Eva Fisher [“Victim”], his wife. On March 3, 2017, the Commonwealth filed notice of its intent to introduce evidence of prior crimes, wrong, or acts pursuant to Pa.R.E. 404(b)(2). Relevantly, the Commonwealth sought to introduce evidence relating to [Gad’s] prior physical abuse and witness intimidation of his former paramour, Maryam Ezatt. [Gad] filed a response in opposition to the introduction of the evidence. On April 3, 2017, the trial court granted the Commonwealth’s request to admit the evidence pursuant to Pa.R.E. 404(b)(2). [Gad], represented by counsel, proceeded to a jury trial on June 6, 2017. At trial, the Commonwealth presented the testimony of Police Officer Kevin Lillis, physician’s assistant Monika Garcia, and [Gad’s] former paramour, Ms. Ezatt.[a] [a]Although [Victim] testified against [him] at his September 2016 preliminary hearing, [she] did not appear at the trial. Officer Lillis testified that neither law enforcement officials nor her family had any contact with her since March of 2017. Specifically, Officer Lillis testified that, on September 12, 2016, [Victim] approached him requesting assistance in finding a homeless shelter for her to stay in for the night. Officer Lillis observed [she] had “a contusion on the left side of her face along her cheekbone and she had contusions also behind her ear, and her ear was swollen. Also, around her neck as well as a swollen ____________________________________________ 4 Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). -2- J-S42012-19 lip.” Officer Lillis summoned an ambulance, which transported [Victim] to the emergency room for treatment. On September 17, 2016, when ...
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