Opinion
J-S10003-16 No. 1536 EDA 2015
02-02-2016
COMMONWEALTH OF PENNSYLVANIA Appellee v. RASHEEN ARMAND GRAYSON Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence March 12, 2015
In the Court of Common Pleas of Delaware County
Criminal Division at No(s): CP-23-CR-0002674-2014 BEFORE: GANTMAN, P.J., BENDER, P.J.E., and PLATT, J. MEMORANDUM BY GANTMAN, P.J.:
Retired Senior Judge assigned to the Superior Court.
Appellant, Rasheen Armand Grayson, appeals from the judgment of sentence entered in the Delaware County Court of Common Pleas, following his jury trial conviction for possession with intent to deliver a controlled substance ("PWID"). We affirm.
The trial court fully set forth the relevant facts and procedural history of this case. Therefore, we have no reason to restate them.
Appellant raises the following issue for our review:
WHETHER THE EVIDENCE IS INSUFFICIENT TO SUSTAIN THE CONVICTION FOR POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DELIVER SINCE THE COMMONWEALTH FAILED TO PROVE, BEYOND A
REASONABLE DOUBT, THAT [APPELLANT] ACTUALLY OR CONSTRUCTIVELY POSSESSED THE CONTROLLED SUBSTANCES AT ISSUE HEREIN, OR THAT HE DID SO WITH THE INTENT TO DELIVER THEM?(Appellant's Brief at 5).
After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable John P. Capuzzi, Sr., we conclude Appellant's issue merits no relief. The trial court opinion comprehensively discusses and properly disposes of the question presented. ( See Trial Court Opinion, filed July 1, 2015, at 5-9) (finding: when officers arrived at house at 5:50 a.m., they found Appellant hiding in bedroom closet naked; Appellant was only male in residence; Appellant indicated that pair of pants on floor belonged to him; pants contained large bag of cocaine; evidence established Appellant's constructive possession of cocaine; Appellant possessed cocaine in quantity indicative of seller as opposed to user; Commonwealth's expert opined that circumstances, including scale and differently sized smaller bags located on dresser in bedroom, showed intent to distribute cocaine; therefore, Commonwealth's evidence was sufficient to support Appellant's PWID conviction). Accordingly, we affirm on the basis of the trial court opinion.
Judgment of sentence affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 2/2/2016
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