Com. v. Duncan, V.
1258 WDA 2015
| Pa. Super. Ct. | Sep 30, 2016Background
- Vernon Donate Duncan was convicted after jury trial (Aug 2, 2013) of multiple counts related to possession, manufacture, and delivery of marijuana and cocaine and related conspiracy counts arising from three undercover buys and a search of apartment 102 Quarry Avenue.
- Controlled buys (Feb 5, Feb 14, Mar 4, 2013) were conducted by an undercover agent who purchased marijuana and cocaine in Duncan’s bedroom; Agent observed Duncan weigh/package drugs and later texted the buyer about repeat sales.
- A March 5, 2013 search of the apartment produced cocaine, marijuana, drug-distribution paraphernalia (scales, baggies), prerecorded funds, and five firearms; indicia of residence for co-tenant Damon Seldon were also found.
- Duncan was originally sentenced Oct 4, 2013 to 14–28 years; direct appeal was quashed as untimely. He filed a PCRA petition; the trial court reinstated his direct appeal rights and resentenced him (Apr 20, 2015) to 13 years 1 month – 38 years.
- On appeal Duncan raised sufficiency challenges to multiple conspiracy convictions, alleged prejudice from firearm evidence, a mistrial claim arising from a mislabeled exhibit (Exhibit 9), claimed jury-instruction misstatements, and challenged the discretionary aspects of resentencing.
- The Superior Court vacated twelve of Duncan’s fourteen conspiracy convictions, holding the record supported a single continuous conspiracy (covering distribution of both marijuana and cocaine), affirmed other rulings, and remanded for resentencing on two conspiracy counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of multiple conspiracy convictions | Commonwealth: evidence of repeated purchases, distribution paraphernalia, and searches supports separate conspiracies for each transaction/substance | Duncan: no proof of multiple separate agreements; evidence shows one continuous conspiratorial relationship | Vacated 12 of 14 conspiracy convictions; remanded for sentencing on one conspiracy to commit PWID and one conspiracy to possess a controlled substance (single continuous conspiracy covering both drugs) |
| Prejudicial admission of firearm photographs (new trial) | Commonwealth: firearms were part of search evidence and admissible to show context/possession/distribution | Duncan: firearms unduly prejudicial; should have warranted new trial | Issue waived on appeal (no trial objection); in any event trial court did not abuse discretion because evidence was not so prejudicial as to deny fair trial |
| Motion for mistrial based on Exhibit 9 mislabeling (apartment misnumbered) | Duncan: Commonwealth’s failure to disclose correction of diagram deprived defense strategy and warranted mistrial | Commonwealth: error was minor; warrant, arrests, and other testimony made target location clear | Denial of mistrial affirmed; error deemed minor and not so prejudicial to require mistrial |
| Jury instruction misstatements re: PWID element | Duncan: trial court allegedly misstated elements, possibly directing jury to convict | Duncan: instruction error prejudicial | Issue waived (no contemporaneous objection); court did not address merits |
Key Cases Cited
- Commonwealth v. Johnson, 985 A.2d 915 (Pa. 2009) (standard for reviewing sufficiency of the evidence and conspiracy proof)
- Commonwealth v. Valentine, 101 A.3d 801 (Pa. Super. 2014) (mandatory minimum sentencing authority relevant to resentencing)
- Commonwealth v. Perez, 553 A.2d 79 (Pa. Super. 1988) (single conspiracy may cover distribution of multiple substances; vacated multiple conspiracy convictions)
- Commonwealth v. Savage, 566 A.2d 272 (Pa. Super. 1989) (discussion of 18 Pa.C.S. § 903(c) and single conspiracy concept)
- Commonwealth v. Serrano, 727 A.2d 1168 (Pa. Super. 1999) (when resentencing results in harsher sentence, reasons must appear on the record to avoid presumption of vindictiveness)