Com. v. Jeudy, J., 3736 EDA 2016

On October 14, 2015, Philadelphia police observed a gray Subaru pull away rapidly; officers then saw Jeudy walking and observed him holding a handgun, which he placed in his sweatshirt pocket.
Officers ordered Jeudy to keep his hands up; during the stop a loaded .40-caliber semi-automatic handgun with an obliterated serial number was recovered from Jeudy’s pocket. Jeudy admitted not having a carry permit and said someone had just handed him the gun.
Jeudy was charged and convicted (after a non-jury trial) of: persons not to possess firearms (18 Pa.C.S. § 6105), possession of a firearm with an altered manufacturer’s number (§ 6110.2), firearms not to be carried without a license (§ 6106), and carrying firearms on public streets (§ 6108).
The trial court denied Jeudy’s pretrial motion to suppress the firearm and statements.
The court sentenced Jeudy to concurrent prison terms of 3½ to 7 years (plus 3 years probation) for the primary firearm offenses; no additional penalty was imposed for the public-carry count.
Jeudy appealed raising sufficiency/weight of the evidence, suppression denial, and an excessive-sentence claim.

Issue	Jeudy's Argument	Commonwealth's Argument	Held
Sufficiency/Weight of the Evidence	Evidence insufficient and weight inadequate to sustain convictions	Evidence (officer observation, gun recovery, admissions) supported convictions	Waived by Jeudy for failing to develop argument on appeal
Denial of Motion to Suppress	Arrest/search violated Pa. Const. art. I, § 8; lack of probable cause made seizure illegal	Stop and recovery of gun lawful based on officer observations and conduct	Waived for inadequate development on appeal (court notes claim lacks merit per trial court)
Discretionary Aspects of Sentence (excessiveness)	Sentence excessive; sought mitigation and less severe punishment	Sentence within standard ranges and appropriate; concurrent terms were imposed	Waived for failure to preserve at sentencing or file post-sentence motion; merits not reached
Preservation and Appellate Procedural Requirements	N/A (argued in merits)	Appellant failed to meet briefing and preservation rules required for appellate review	Court enforced waiver rules and affirmed judgment of sentence

Commonwealth v. Buterbaugh, 91 A.3d 1247 (Pa. Super. 2014) (undeveloped appellate arguments are waived)
Commonwealth v. Love, 896 A.2d 1276 (Pa. Super. 2006) (arguments not appropriately developed are waived)
Commonwealth v. Samuel, 102 A.3d 1001 (Pa. Super. 2014) (factors for invoking jurisdiction in discretionary-sentencing challenges)
Commonwealth v. McLaine, 150 A.3d 70 (Pa. 2016) (discretionary sentencing objections are waived if not raised at sentencing or in a motion to modify)
Commonwealth v. Krum, 533 A.2d 134 (Pa. Super. 1987) (sentencing issues not raised in motion to modify sentence are waived)