Commonwealth v. McDonald
17 A.3d 1282
| Pa. Super. Ct. | 2011Background
- Harrisburg police arranged an undercover drug purchase from McDonald on July 30, 2009; informant received $100 marked funds to use for the buy and delivered money to McDonald in exchange for crack cocaine
- The informant, under Detective Morris, submitted the crack cocaine bag to Detective Morris after the transaction
- Officers pursued McDonald when he fled, chased through city blocks, and ultimately wrestled him to the ground after he slipped in wet grass
- Police subdued McDonald with a taser after he refused to surrender; they recovered the buy money and a bag of marijuana from his pocket
- A jury convicted McDonald of unlawful delivery of a controlled substance, possession of marijuana, possession of drug paraphernalia, resisting arrest, and flight to avoid apprehension; the trial court imposed 45–144 months for delivery and 9–36 months for resisting arrest, consecutive
- McDonald appeals, challenging the sufficiency of the evidence for resisting arrest and for delivery of a controlled substance; the court affirms the judgment of sentence
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for resisting arrest | Commonwealth argues substantial force was required to overcome resistance | McDonald contends the act was merely a scuffle and not resisting arrest | Sufficient evidence to convict resisting arrest |
| Sufficiency of evidence for unlawful delivery of a controlled substance | Commonwealth relies on the controlled-buy evidence and status of the transaction | McDonald argues absence of informant, funds, and other evidence at trial | Delivery conviction affirmed as to sufficiency? (waived for lack of development) |
Key Cases Cited
- Commonwealth v. Brooks, 7 A.3d 852 (Pa.Sup. 2010) (sufficiency of evidence and credibility concerns in appellate review)
- Commonwealth v. Thompson, 922 A.2d 926 (Pa.Sup. 2007) (passive resistance may suffice if substantial force is needed to effect arrest)
- Commonwealth v. Miller, 327 Pa.Super. 154 (Pa.Super. 1984) (resisting arrest does not require kicking or striking the officer)
- Commonwealth v. Eberhardt, 304 Pa.Super. 222 (Pa.Super. 1982) (discussed in context of resisting arrest standards (asserted for historical background))
- Commonwealth v. Rainey, 285 Pa.Super. 75 (Pa.Super. 1981) (discussed in context of resisting arrest standards (asserted for historical background))