Com. v. Garcia-Quintero, J.
326 MDA 2016
| Pa. Super. Ct. | Nov 22, 2016Background
- On Dec. 24, 2011, police stopped a Dodge Durango for driving without headlights; driver Beltran‑Leon smelled of alcohol and passenger Garcia‑Quintero appeared passed out.
- Officers concluded they lacked sufficient evidence to arrest for DUI (language barrier) but believed both men were too intoxicated to drive.
- Officers offered to let them call a sober ride; when none was available, officers placed both men in a police cruiser to transport them to a safe location.
- While closing the passenger‑side door, Sergeant Byers observed a handgun on the passenger‑side floor in plain view; neither man had a license to carry.
- Garcia‑Quintero was tried and convicted of persons not to possess firearms (18 Pa.C.S. §6105) and carrying a firearm without a license (18 Pa.C.S. §6106); sentenced to concurrent prison terms.
- After an initial appeal was quashed due to untimely post‑sentence motions, Garcia‑Quintero obtained nunc pro tunc reinstatement of direct appeal rights via PCRA; this appeal followed.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Garcia‑Quintero) | Held |
|---|---|---|---|
| Whether police unlawfully seized/detained Garcia‑Quintero by placing him in the police cruiser (suppression) | Officers lawfully conducted a traffic stop and, for safety, transported intoxicated occupants to a safe location; no unlawful detention beyond the stop. | The post‑stop escort/placement in the cruiser constituted an investigatory detention without reasonable suspicion, requiring suppression of evidence. | Court held the transport was a protective, non‑investigatory act to ensure safety; suppression denial affirmed. |
| Sufficiency: constructive possession of the firearm | Circumstantial evidence (gun on passenger‑side floor inches from Garcia‑Quintero; ammunition pouch; driver’s statement that gun belonged to Garcia‑Quintero; Garcia‑Quintero seated there twice) supports constructive possession. | Commonwealth failed to prove Garcia‑Quintero had conscious dominion/intent to control the gun. | Court held evidence sufficient to prove constructive possession; convictions affirmed. |
| Weight of the evidence as to firearm convictions | N/A (Commonwealth relied on trial evidence and credibility determinations). | Verdicts were against the weight of the evidence. | Court found claim waived for failure to preserve (untimely post‑sentence motion); no relief. |
| Procedural: timeliness/appeal rights | N/A | Initially argued appellate issues; later obtained PCRA relief for counsel’s failure to file timely direct appeal, enabling this appeal. | PCRA court properly reinstated direct appeal rights nunc pro tunc; appeal proceeds on merits. |
Key Cases Cited
- Commonwealth v. Griffin, 116 A.3d 1139 (Pa. Super. 2015) (standard of review for suppression rulings)
- Commonwealth v. Lyles, 97 A.3d 298 (Pa. 2014) (categories of police–citizen encounters and seizure analysis)
- United States v. Mendenhall, 446 U.S. 544 (U.S. 1980) (seizure requires physical force or show of authority restraining freedom of movement)
- Commonwealth v. Salter, 121 A.3d 987 (Pa. Super. 2015) (probable cause for DUI based on odor, glassy eyes, admissions, and poor field‑sobriety results)
- Commonwealth v. Rehmeyer, 502 A.2d 1332 (Pa. Super. 1985) (officer’s protective transportation to prevent harm upheld)
- Commonwealth v. Widmer, 744 A.2d 745 (Pa. 2000) (standard for sufficiency of the evidence)
- Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. 2014) (principles for sufficiency review and circumstantial evidence)
- Commonwealth v. Harvard, 64 A.3d 690 (Pa. Super. 2013) (circumstantial evidence may establish possession)
- Commonwealth v. Heidler, 741 A.2d 213 (Pa. Super. 1999) (actual, constructive, or joint constructive possession definitions)
- Commonwealth v. Gutierrez, 969 A.2d 584 (Pa. Super. 2009) (constructive possession requires ability to exercise control and intent)
- Commonwealth v. Haskins, 677 A.2d 328 (Pa. Super. 1996) (constructive possession inferred from totality of circumstances)
- Commonwealth v. Moore, 49 A.3d 896 (Pa. Super. 2012) (mere possession plus prior conviction establishes §6105 offense)