J-S24032-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ERION BESHIRI, : : Appellant : No. 1068 MDA 2017 Appeal from the Judgment of Sentence June 7, 2017 in the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0001324-2015 BEFORE: OLSON, J., KUNSELMAN, J., and MUSMANNO, J. MEMORANDUM BY MUSMANNO, J.: FILED JULY 19, 2018 Erion Beshiri (“Beshiri”) appeals from the judgment of sentence imposed following his convictions of possession of a controlled substance (heroin) and possession of drug paraphernalia. See 35 P.S. § 780-113(a)(16), (32). We affirm. On June 18, 2015, the manager of the Holiday Inn Express in Lebanon, Pennsylvania, Joanna Vazquez (“Vazquez”), called 911 to report a male who appeared to be stumbling and falling asleep in the hotel lobby. Vazquez identified the male as Beshiri. Before emergency services arrived at the hotel, Beshiri left the lobby and went to his hotel room. When paramedics and police officers (“Responders”) arrived, they went to Beshiri’s hotel room to perform a wellness check. Beshiri was sharing the room with his girlfriend, Lauryn Nanni (“Nanni”), who was present at the time. When Responders knocked on J-S24032-18 the hotel room door, Nanni told them to wait, before she opened the door minutes later. Responders discovered Beshiri in the bathroom preparing to take a bath. According to the Responders, Beshiri appeared to be under the influence of drugs. While paramedics responded to Beshiri, officers observed drug paraphernalia throughout the room. A search of the room resulted in the discovery of glassine bags of heroin, syringes, bottle caps, and methadone and Xanax pills. In the bathroom, officers found an orange hypodermic needle cap, a white glassine baggy, and a bottle cap to a water bottle, but no measurable amount of drugs. Beshiri admitted to using drugs in the hotel room at 7:00 a.m. that day, but he denied knowing about the presence of drugs in the room at the time Responders entered, which was around 9:30 a.m. In February 2017, a jury found Beshiri guilty of the above-mentioned crimes.1 The trial court sentenced Beshiri to serve concurrent probation terms of one (1) year less one (1) day for the convictions. Beshiri filed a timely Notice of Appeal and court-ordered Concise Statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b). On appeal, Beshiri raises the following question for our review: ____________________________________________ 1 Beshiri initially pled guilty. At the time of the guilty plea, Beshiri was an immigrant from Albania and, accordingly, was subject to deportation. Because Beshiri was unaware of the immigration consequences of the guilty plea, he was allowed to withdraw the plea. -2- J-S24032-18 Whether the evidence presented was sufficient as a matter of law to support [Beshiri’s] conviction at Count 1: Possession of a Controlled Substance – Heroin, where it was not established that [Beshiri] possessed or constructively possessed the controlled substances hidden in the hotel room[,] as [Beshiri] had ...
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