Com. v. Gurley, S.


J-S19036-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : SHAQUILLE GURLEY, : : Appellant : No. 3412 EDA 2018 Appeal from the Judgment of Sentence Entered October 23, 2018 in the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005186-2016 BEFORE: BOWES, J., McCAFFERY, J., and MUSMANNO, J. MEMORANDUM BY MUSMANNO, J.: Filed: July 16, 2020 Shaquille Gurley (“Gurley”) appeals from the judgment of sentence imposed following the entry of his negotiated nolo contendere plea to one count each of aggravated assault and conspiracy.1 Additionally, Gurley’s counsel, Matthew E. Sullivan, Esquire (“Attorney Sullivan”), has filed an Application to Withdraw as Counsel, and a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009). We grant Attorney Sullivan’s Application to Withdraw, and affirm Gurley’s judgment of sentence. On October 23, 2018, Gurley entered a negotiated nolo contendere plea to the above-mentioned charges. During the plea hearing, the Commonwealth placed the following facts on the record: ____________________________________________ 1 See 18 Pa.C.S.A. §§ 2702(a), 903. J-S19036-20 [O]n February 7[,] 2015, [at] approximately 5:28 p.m., Philadelphia police officers responded to a radio call for a person with a gun at 5511 North 2nd Street. Upon arrival[,] officers located Complainant[,] Vincent Richardson [(“Richardson”)], who was suffering from a gunshot wound to his shoulder. Police transported []Richardson to Albert Einstein Medical Center. [Detectives from Philadelphia’s Northwest Detectives Division] responded to Albert Einstein Medical Center and interviewed []Richardson. [Richardson] stated that he was walking with his cousin and his friend … on 2nd Street between Clarkson Street and Olney Avenue. One of the males, [who] was identified as [Gurley], was acting like he was urinating against the wall of a building, and the other male that [Gurley] was with was standing there as if he was waiting for [Gurley]. As [Richardson] walked by, both offenders took out handguns[]. [Richardson] ran and heard two gunshots and was hit one time in his right shoulder. [Richardson] continued to run to the bar at the corner of 2nd and Clarkson [Streets] and waited for police. [Richardson] described the [shooters]. The first one [w]as a black male, approximately 21 years old, 6’3”, wearing a black jacket or hoodie with a black handgun. [Richardson stated that this individual was the one who had shot him]. [Richardson later identified] the second male [as Gurley], [who was] wearing a blue jacket with a black handgun. The crime scene was secured[, and subsequently processed,] outside 5511 North 2nd Street. Two[,] 9 millimeter, [fired cartridge casings (“FCC”)] were recovered and were placed on a property receipt and submitted to the Forensic Investigation Unit. In addition, video surveillance was recovered from 2 nd and Clarkson Street. Subsequently, [] [Gurley] was arrested for a [firearms violation] outside of 1233 West Venango Street on July 8[,] 2015. On that date[,] a [] gray and olive Springfield Armory 9 millimeter handgun[,] loaded ...

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