Commonwealth v. Brown
48 A.3d 426
| Pa. Super. Ct. | 2012Background
- Appellant Taheir Brown convicted of possession of a controlled substance and possession with intent to deliver (PWID); sentence 3–5 years.
- Police intercepted two marijuana packages shipped from Southern Charm to 1431 Palm Street, Reading; canine alerted to both parcels.
- A search warrant revealed 31.8 pounds of marijuana (16.8 + 15 pounds).
- Controlled delivery occurred: Trooper Rudy, wearing FedEx attire, delivered the packages; Brown answered and accepted them for the Newmanns.
- One package was hidden in a closet; the other remained in the living room; Investigator Leporace testified to intent to deliver and value of drugs; Brown presented three character witnesses.
- Trial testimony included expert opinion that large quantities and lack of drug paraphernalia supported an inference of intent to deliver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence on knowledge and intent | Brown lacked knowledge of marijuana and intent to possess. | Evidence mirrored Sterling and Rambo; insufficient knowledge. | Sufficient evidence; hid one box supports knowledge/intent. |
| Weight of the evidence | Weight of evidence favors not guilty due to character evidence. | Verdict should be against weight due to speculation. | No abuse of discretion; verdict not against the weight of the evidence. |
Key Cases Cited
- Commonwealth v. Parkersburg?, 847 A.2d 745 (Pa.Super.2004) (constructive possession via conscious dominion; totality of the circumstances)
- Commonwealth v. Sterling, 361 A.2d 799 (Pa. Super. 1976) (insufficient knowledge where package to third party; open delivery)
- Commonwealth v. Rambo, 412 A.2d 535 (Pa. 1980) (insufficient knowledge; distinctions insufficient to sustain conviction)
- Commonwealth v. Mohamud, 15 A.3d 80 (Pa. Super. 2010) (surreptitious behavior supports knowledge)
- Commonwealth v. Lee, 956 A.2d 1024 (Pa. Super. 2008) (intent to deliver inferred from quantity)
- Commonwealth v. Widmer, 560 Pa. 308 (2000) (standard for weight of the evidence challenges)
