HomeMy WebLinkAboutCP-21-CR-0002606-2010
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CP-21-CR-2606-2010
:
V. : CHARGE: 1. PERSON NOT TO POSSESS, USE,
: MANUFACTURE, CONTROL, SELL OR
: TRANSFER FIREARMS; 2. UNLAWFUL
: DELIVERY, MANUFACTURE, POSSESSION WITH
: INTENT TO DELIVER A SCHEDULE I,
: CONTROLLED SUBSTANCE – MARIJUANA;
: 3. RECEIVING STOLEN PROPERTY;
: 4. UNLAWFUL POSSESSION OF SCHEDULE I,
: CONTROLLED SUBSTANCE;
: 5. UNLAWFUL POSSESSION OF DRUG
: PARAPHERNALIA
:
TUQUAN BERNALD HARRIS :
OTN: L577832-3 : AFFIANT: DET. TIMOTHY L. LIVELY
IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925(a)
Ebert, Jr., J., April 10, 2012 –
Defendant, Tuquan Bernald Harris, was charged with Count (1) Persons Not to
Possess, Use, Manufacture, Control, Sell or Transfer Firearms, Count (2) Unlawful
Delivery, manufacture, Possession with Intent to Deliver a Schedule I, Controlled
Substance – Marijuana, Count (3) Receiving Stolen Property, Count (4) Unlawful
Possession of Schedule I, Controlled Substance, and Count (5) Unlawful Possession of
Drug Paraphernalia. On October 21, 2011, following a bench trial, the Defendant was
found guilty as charged. On December 13, 2011, the Defendant was sentenced on
Count (1) to pay costs of prosecution, a fine of $400.00 and undergo incarceration in the
State Correctional Institution for not less than four years nor more than eight years. He
was given credit for 26 days served; On Count (2) sentence was pay costs of
prosecution, a fine of $200.00 and undergo incarceration in the State Correctional
Institution for not less than one year nor more than two years, to run consecutive to
Count (1); on Count (3) sentence is pay costs of prosecution; On Count (4) sentence is
pay costs of prosecution; on Count (5), sentence is pay costs of prosecution. The total
aggregate sentence in this case is five to ten years in a State Correctional Institution.
The Defendant filed the appeal from the judgment of sentence to the Superior Court of
Pennsylvania.
In a Concise Statement of Matters Complained of on Appeal, the Defendant
alleges that the Court improperly refused to suppress evidence. The omnibus pre-trial
motion to suppress was heard before the Honorable J. Wesley Oler, Jr. His opinion
filed on May 20, 2011, regarding that issue is incorporated herein. The incorporated
opinion addresses the issues raised in the within appeal from the judgment of sentence.
By the Court,
M. L. Ebert, Jr., J.
District Attorney’s Office
Linda S. Hollinger, Esquire
Attorney for Defendant