J-S02005-22 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : BRANDON M. ROBERTS : : Appellant : No. 1233 EDA 2018 Appeal from the PCRA Order October 18, 2016 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0002920-2013, CP-51-CR-0003684-2013 BEFORE: OLSON, J., KING, J., and McCAFFERY, J. MEMORANDUM BY OLSON, J.: FILED MARCH 1, 2022 Appellant, Brandon M. Roberts, appeals from the October 18, 2016 order dismissing his petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546.1 We affirm. The record demonstrates that, pertinent to the instant appeal, in January 2013, Appellant was arrested and charged at trial court docket number CP-51-CR-0003684-2013 (“CR-3684”) with third-degree murder, firearms not to be carried without a license, carrying firearms in public in Philadelphia, Pennsylvania, possessing an instrument of crime, recklessly ____________________________________________ 1In a notice of appeal, Appellant states that he appeals from an order entered on April 12, 2018. We have carefully reviewed the certified record and determined, as discussed more fully infra, that Appellant appeals from the order entered October 18, 2016, that dismissed his PCRA petition. The caption has been corrected accordingly. J-S02005-22 endangering another person, and persons not to possess a firearm. 2 Also in January 2013, Appellant was arrested and charged at trial court docket number CP-51-CR-0002920-2013 (“CR-2920”) with criminal mischief – intentionally damaging real or personal property of another (3 counts), theft by unlawful taking, and unauthorized use of an automobile. 3 On March 31, 2014, Appellant entered into a negotiated plea agreement pursuant to which Appellant pleaded guilty at CR-3684 to third-degree murder and firearms not to be carried without a license and, at CR-2920, to unauthorized use of an automobile. At CR-3684, the trial court sentenced Appellant to 20 to 40 years’ incarceration for third-degree murder and 3 to 8 years’ incarceration for firearms not to be carried without a license, with the latter sentence set to run consecutively to the sentence imposed for third-degree murder. At CR-2920, the trial court sentenced Appellant to 1 to 2 years’ incarceration for unauthorized use of an automobile, with the sentence set to run concurrently to the sentence imposed at CR-3684. Overall, Appellant’s aggregate sentence was 23 to 48 years’ incarceration.4 ____________________________________________ 2 18 Pa.C.S.A. §§ 2502(c), 6106(a)(1), 6108, 907(a), 2705, and 6105(a)(1), respectively. 3 18 Pa.C.S.A. §§ 3304(a)(5), 3921(a), and 3928(a), respectively. 4 Appellant also pleaded guilty to firearms not to be carried without a license, 18 Pa.C.S.A. § 6106(a)(1), and terroristic threats, 18 Pa.C.S.A. § 2706, at trial court docket CP-51-CR-0002934-2013 (“CR-2934”). N.T., 3/31/14, at 4. The trial court sentenced Appellant to 3 to 6 years’ incarceration for firearms not to be carried without a license, with the sentence set to run concurrently -2- J-S02005-22 On April 2, 2014, the trial court amended its sentencing order at CR-3684 upon discovery that Appellant pleaded guilty to firearms not to be carried without a …
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