Com. v. Rivers, R. (memorandum)

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J-S26013-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. RASHEEN RIVERS, Appellant No. 1004 EDA 2013 Appeal from the Judgment of Sentence March 13, 2013 In the Court of Common Pleas of Delaware County Criminal Division at No(s):CP-23-CR-0006706-2012 BEFORE: BENDER, P.J.E., SHOGAN, J., and FITZGERALD, J.* MEMORANDUM BY BENDER, P.J.E.: FILED MAY 30, 2014 Appellant, Rasheen Rivers, appeals from the judgment of sentence of after he was convicted of delivering a controlled substance and attempted delivery of a non-controlled substance. On appeal, Appellant solely challenges the sufficiency of the evidence to sustain his conviction for attempted delivery of a non-controlled substance, arguing that the Commonwealth failed to prove that he took a substantial step towards committing the underlying delivery offense. We affirm. We have examined the certified record, the briefs of the parties, and the applicable law. Additionally, we have reviewed the thorough opinion of ____________________________________________ * Former Justice specially assigned to the Superior Court. J-S26013-14 the Honorable Kevin F. Kelly of the Court of Common Pleas of Delaware -reasoned decision accurately disposes of the issue presented by Appellant. 1 wn and affirm Judgment of sentence affirmed. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 5/30/2014 ____________________________________________ 1 Judge Kelly also addresses a second issue raised by Appellant in his Pa.R.A.P. 1925(b) statement, wherein Appellant claims that the court erred by admitting photographic evid See Trial Court Opinion, 12/26/13, at 31-36. Appellant has abandoned this Id. at 1-31. -2-

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