Com. v. Holmes, K.
3405 EDA 2015
| Pa. Super. Ct. | Oct 12, 2016Background
- Police served process at Holmes’s home on Dec. 5, 2012; they found him smoking marijuana and observed other drug-related evidence.
- Search recovered from Holmes: one marijuana cigarette, $90 cash (right pocket), 29 blue-tinted bags of crack cocaine inside a larger plastic bag (left pocket), and a digital scale.
- Detective James Wood testified as an expert that the packaging, quantity, scale, lack of user paraphernalia, and cash supported an inference of possession with intent to deliver rather than personal use.
- A jury convicted Holmes of possession with intent to deliver, simple possession, and possession of paraphernalia; the Commonwealth sought a mandatory minimum sentence under 18 Pa.C.S. § 7508.
- After post-sentence proceedings and an Alleyne challenge, the trial court vacated the mandatory minimum and on resentencing imposed 16 to 84 months’ imprisonment plus one year probation; Holmes appealed claiming the verdict was against the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict was against the weight of the evidence on intent to deliver | Commonwealth: Detective Wood’s expert testimony and physical evidence supported intent to deliver | Holmes: Wood’s opinion was unreliable, speculative, self-contradicting, and based on facts not in evidence; forensic testimony likewise suspect | Court: Denied weight claim—jurors credited Wood; testimony was based on record facts and experience; no palpable abuse of discretion |
Key Cases Cited
- Commonwealth v. Houser, 18 A.3d 1128 (Pa. 2011) (standard for appellate review of weight-of-the-evidence claims)
- Commonwealth v. Trippett, 932 A.2d 188 (Pa. Super. 2007) (limits on appellate reweighing when weight claim attacks witness credibility)
- Commonwealth v. Rossetti, 863 A.2d 1185 (Pa. Super. 2004) (same as Trippett regarding credibility-based weight claims)
- Commonwealth v. Hankerson, 118 A.3d 415 (Pa. Super. 2015) (court may not reassess witness credibility on appeal)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (mandatory-minimum facts that increase penalty must be submitted to jury)