Com. v. Remekie, D.


J-A10033-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DONOVAN REMEKIE : : Appellant : No. 737 EDA 2019 Appeal from the Judgment of Sentence Entered February 12, 2019 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): Cp-51-CR-0010866-2017 BEFORE: BOWES, J., SHOGAN, J., and PELLEGRINI, J.* MEMORANDUM BY SHOGAN, J.: FILED JULY 21, 2020 Appellant, Donovan Remekie, appeals from the judgment of sentence entered on February 12, 2019, in the Court of Common Pleas of Philadelphia County. We affirm. The trial court summarized the procedural history of this case as follows: On November 15, 2017, [Appellant], was arrested and charged with Murder and related offenses. On February 1, 2019, [Appellant] appeared before [the trial court], waived his right to a jury trial, and elected to proceed with a bench trial.1 On February 12, 2019, [the trial court] found [Appellant] guilty of First-Degree Murder and Possession of an Instrument of Crime (“PIC”).[1] On the same date, [the trial court] imposed the mandatory sentence for First-Degree Murder of life imprisonment without parole.2 On February 22, 2019, [Appellant] filed a Post- Sentence Motion, which [the trial court] denied on March 1, 2019. ____________________________________________ * Retired Senior Judge assigned to the Superior Court. 1 18 Pa.C.S. §§ 2502(a) and 907(a). J-A10033-20 1 [The trial court] bifurcated the bench trial so two motions could be reviewed by another judge. On February 1, 2019, the Honorable Glenn B. Bronson heard argument on [Appellant’s] Motion in Limine to Exclude Certification of Service. On February 11, 2019, Judge Bronson granted [Appellant’s] Motion in Limine. On that same date, Judge Bronson also denied the Commonwealth’s Motion to Amend the Bills of Information. 2 [The trial court] imposed no further penalty for PIC. [Appellant] waived his right to a pre-sentence investigation and mental health report. [The trial court] determined that it had sufficient information to proceed to sentencing. On March 8, 2019, [Appellant] filed a timely Notice of Appeal. On March 11, 2019, [the trial court] ordered [Appellant] to file a Concise Statement of Matters Complained of on Appeal, pursuant to Pa.R.A.P. 1925(b), which [Appellant] timely filed on April 1, 2019.3 3 On April 1 and 17, 2019, [the trial court] granted [Appellant’s] requests for extension of time to supplement his 1925(b) Statement because the Notes of Testimony were not yet completed. On April 9, 2019, [Appellant] filed a supplement to his 1925(b) Statement with a request to supplement further. On April 17, 2019, [Appellant] informed [the trial court] that he did not plan to further supplement his Statement. Trial Court Opinion, 5/7/19, at 1-2. The trial court filed an opinion pursuant to Pa.R.A.P. 1925(a). Appellant presents the following issue for our review: Was not the evidence insufficient to convict [Appellant] of Murder in the First Degree where the evidence at trial failed to prove that he acted with premeditation and malice aforethought and his unrebutted testimony demonstrated that ...

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