Com. v. Diallo, M.

J-S23009-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MAMADOU DIALLO : : Appellant : No. 1956 EDA 2017 Appeal from the Judgment of Sentence May 25, 2017 In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CP-46-CR-0003914-2016 BEFORE: SHOGAN, J., NICHOLS, J., and STEVENS*, P.J.E. MEMORANDUM BY SHOGAN, J.: FILED JUNE 06, 2018 Appellant, Mamadou Diallo, appeals from the judgment of sentence entered on May 25, 2017, in the Montgomery County Court of Common Pleas. We affirm. The notes of testimony from Appellant’s February 6, 2017 jury trial reveal that on February 9, 2016, Appellant and his girlfriend-accomplice, Ashley Woods (“Woods”), entered a Target department store in Montgomery County, Pennsylvania. The couple put a pair of leggings and a $299.00 child car seat in their shopping cart. Appellant and Woods then approached a self- check-out register. Appellant and Woods scanned the leggings, but they did not scan the car seat. After paying for the leggings, the couple went to the parking lot, put the car seat and leggings inside their vehicle, and departed. Eric Kisielowski (“Kisielowski”), a loss prevention officer at Target, witnessed ____________________________________ * Former Justice specially assigned to the Superior Court. J-S23009-18 Appellant and Woods take the car seat from the store without paying for it. Kisielowski followed Appellant and Woods to the parking lot, and he obtained the license plate number of the car the pair drove.1 Appellant and Woods drove to a different Target store, which was located in Lehigh County, and returned the car seat for a refund. On April 7, 2016, police charged Appellant with retail theft, receiving stolen property (“RSP”), and conspiracy to commit retail theft.2 The jury found Appellant guilty of all charges. On May 25, 2017, the trial court sentenced Appellant as follows: RSP, twelve to twenty-four months of incarceration; conspiracy, twelve months of probation to be served consecutively to the sentence for RSP; and no further penalty for retail theft. N.T., Sentencing, 5/25/17, at 10. Appellant filed a timely pro se notice of appeal and request to proceed in forma pauperis (“IFP”) on appeal. The trial court granted Appellant IFP status on June 23, 2017. On August 1, 2017, the trial court directed Appellant to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) within twenty-one days, and the Pa.R.A.P. 1925(b) order was served on Appellant’s trial counsel, ____________________________________________ 1 Utilizing the license plate number, Detective Andrew Moretti of the Plymouth Township Police Department learned that the car belonged to a third party named Danish Jacob. N.T., 2/6/17, at 67. When detective Moretti spoke to Mr. Jacob, he informed Detective Moretti that he lent his car to Woods that day. Id. at 68. It was this information that led Detective Moretti to Appellant and Woods. Id. at 71-75. 2 18 Pa.C.S. §§ 3929(a)(1), 3925(a), and 903(a)(1) respectively. -2- J-S23009-18 Dennis Caglia, Esquire. On August ...

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