Com. v. Johnson (memorandum)
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J-S05020-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. STEVEN ELLIOT JOHNSON Appellant No. 1095 MDA 2012 Appeal from the Judgment of Sentence December 14, 2010 In the Court of Common Pleas of Dauphin County Criminal Division at No(s): CP-22-CR-0000539-2009 BEFORE: SHOGAN, J., OTT, J., and COLVILLE, J.* MEMORANDUM BY OTT, J.: Filed: February 15, 2013 Steven Elliot Johnson appeals from the judgment of sentence entered following a bench trial in which he was convicted of possession with intent to deliver a controlled substance (PWID), carrying a firearm without a license, and tampering with evidence.1 The trial court sentenced Johnson to an aggregate term of five to 10 years incarceration. On appeal, Johnson claims: 1) the verdict was against the weight of the evidence; and 2) the evidence was insufficient to convict PWID when the evidence establishes that ____________________________________________ * 1 Retired Senior Judge assigned to the Superior Court. 35 P.S. § 780-113(a)(30), 18 Pa.C.S. § 6106(a)(1), and § 4910(1), respectively. Johnson was also convicted of the summary offense of operating a motor vehicle without required financial responsibility, 75 Pa.C.S. § 1786(f). J-S05020-13 the possession was consistent with personal use. After a thorough review of the official record, submissions of the parties, and relevant law, we affirm on the basis of the comprehensive Pa.R.A.P. 1925(a) opinion authored by the Honorable Jeannine Turgeon. The charges in this matter arose on December 15, 2008, following a lawful traffic stop.2 Discovering the vehicle was uninsured it was secured for towing. Patrolman Edward Grynkewicz informed Johnson an inventory search would be performed. Johnson then stated a .45 caliber Ruger, P-97 handgun, with a loaded magazine and one in the chamber was located under the front seat. After running a check on the weapon it was discovered Johnson did not have a permit to carry the gun and he was immediately placed under arrest for the gun violation. Prior to being placed in a police van for transporting, Johnson was patted down and police found two cellphones and a bundle of cash totaling $387. However, upon arrival at the station and opening the back of the van, police saw Johnson attempting to swallow a mouthful of previously concealed crack cocaine. Efforts to prevent ingestion of all but .89 grams3 proved futile. ____________________________________________ 2 The police initially noticed Johnson s vehicle had a lit television monitor mounted to the dashboard in front of the driver. Thereafter upon submission of the vehicle s information it was determined it was not insured. The police conducted a lawful traffic stop after the car stopped at a gas station. 3 This amount was recovered from the floor of the police van. -2- J-S05020-13 The trial court has thoroughly addressed the appellate claims raised by Johnson in its July 11, 2012 Rule 1925(a) opinion. We therefore rely upon the reasoning of that opinion in denying Johnson relief. The parties are directed to attach a copy of the July 11, 2012 trial court memorandum opinion in the event of further proceedings. Judgment of sentence affirmed. Colville, J., concurs in the result. -3-
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