Com. v. Tabarez, F.

J. A20035/17 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA v. : : FRANKLYN RAFAEL TABAREZ, : No. 1392 MDA 2016 : Appellant : Appeal from the Judgment of Sentence, June 29, 2016, in the Court of Common Pleas of Dauphin County Criminal Division at No. CP-22-CR-0005664-2014 BEFORE: GANTMAN, P.J., PANELLA, J., AND FORD ELLIOTT, P.J.E. MEMORANDUM BY FORD ELLIOTT, P.J.E.: FILED JANUARY 11, 2018 Franklin Rafael Tabarez appeals from the June 29, 2016 aggregate judgment of sentence of 4 to 8 years’ imprisonment imposed after a jury found him guilty of two counts of aggravated assault by physical menace.1 After careful review, we affirm the judgment of sentence. The trial court summarized the relevant facts of this case as follows: On August 15, 2014, Special Agent Blake Cook of the Department of Homeland Security, along with three other agents, contacted [appellant] at his residence in Harrisburg. [Appellant] reluctantly complied with Agent Cook’s request to speak with him. Agent Cook identified himself and told [appellant] that he was seeking information related to a criminal investigation. Agent Cook observed a black semi-automatic handgun on a mattress near where he and [appellant] conversed. Agent Cook spoke about the details of the investigation, gave 1 18 Pa.C.S.A. § 2702(a)(6). J. A20035/17 [appellant] his business card, and told [appellant] to call if he was willing to assist. Less than two weeks later, in the late afternoon hours of August 27, 2014, Dauphin County Probation Services officers (“P.O.[]s[”]) Daniel Kinsinger and Daril Foose were on duty in Harrisburg conducting home visits and looking for offenders on the street. The probation officers wore uniforms which included a shirt with the word “Probation” on the back and drove a vehicle with an antenna on the trunk. P.O.s Kinsinger and Foose first encountered [appellant] at around dusk when they observed a black pickup truck traveling north on Hummel Street in front of their vehicle. The black truck stopped, at which point a person approached the black truck, spoke to [appellant,] then returned to their [sic] porch. Kinsinger and Foose had no official interest in the black truck at that time. They continued on their planned route northbound on Hummel Street, across Derry Street and toward Chestnut Street, where they intended to visit probation clients. As they drove eastbound on Chestnut Street, Kinsinger and Foose observed the black truck pull into an alley and wait for their vehicle to pass. The black truck then pulled out and drove behind them. Because P.O. Kinsinger thought this unusual, he pulled to the side of the road to determine what action the truck would take. [Appellant] followed them. Kinsinger resumed his route eastbound. [Appellant] again followed, at a distance of approximately half a block. The officers turned south onto 13th Street then east on Derry Street. [Appellant] continued to follow. At 14th and Derry Streets, [appellant] drove close behind the officers, flashed the lights on his vehicle and honked the horn. ...

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