J-S07028-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JOSE GOINES : : Appellant : No. 1307 EDA 2019 Appeal from the Judgment of Sentence Entered November 20, 2018 In the Court of Common Pleas of Chester County Criminal Division at No(s): CP-15-CR-0004661-2016 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JOSE GOINES : : Appellant : No. 1308 EDA 2019 Appeal from the Judgment of Sentence Entered November 20, 2018 In the Court of Common Pleas of Chester County Criminal Division at No(s): CP-15-CR-0000070-2017 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JOSE GOINES : : Appellant : No. 1309 EDA 2019 Appeal from the Judgment of Sentence Entered November 20, 2018 In the Court of Common Pleas of Chester County Criminal Division at No(s): CP-15-CR-0002054-2017 J-S07028-20 BEFORE: NICHOLS, J., KING, J., and STRASSBURGER, J.* MEMORANDUM BY NICHOLS, J.: FILED AUGUST 12, 2020 Appellant Jose Goines appeals1 from the judgments of sentence imposed following his jury trial convictions for burglary, conspiracy, and related offenses. Appellant argues that the trial court erred by instructing the jury with an erroneous missing witness instruction concerning a Commonwealth witness, overruling Appellant’s objection to the prosecutor’s closing arguments, and denying his post-sentence motion challenging the weight of the evidence. Appellant also challenges the discretionary aspects of his sentence. We affirm. The trial court summarized the underlying facts of this matter as follows: Over the course of nine days in the fall of 2016, specifically, October 28, 2016, November 1, 2016, November 4, 2016[,] and November 7, 2016, [Appellant] and co-defendants, Anita Hersh and Christopher Hersh, conspired and burglarized four homes in Chester County, Pennsylvania[,] and attempted to burglarize a fifth home. The fifth burglary was thwarted because the homeowner was home that day when [Appellant] kicked in the front door of the home. Throughout these burglaries, the modus operandi was that co-defendant Anita Hersh drove and acted as ____________________________________________ *Retired Senior Judge assigned to the Superior Court. 1 Appellant filed three separate notices of appeal, one for each of the trial court docket numbers. See Commonwealth v. Walker, 185 A.3d 969 (Pa. 2018). On August 19, 2019, Appellant filed an unopposed application for consolidation pursuant to Pa.R.A.P. 2138. This Court granted this application via a per curiam order entered on October 4, 2019. -2- J-S07028-20 the lookout, [Appellant] kicked in the doors, and then [Appellant] and co-defendant Christopher Hersh, went into the homes, ransacked them, broke things, ripped up important documents, and stole anything they believed to be of value. Once [Appellant and co-defendants] got away with the homeowners’ items, including jewelry and electronics, they then travelled together to Wilmington, Delaware to pawn the items and split the proceeds. Trial Ct. Op., 1/10/20, at 3. Based on these allegations, Appellant was charged with one count of attempted burglary and four counts each ...
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