Commonwealth v. Serrano
61 A.3d 279
| Pa. Super. Ct. | 2013Background
- Between Sept. 2009 and Apr. 2010, police conducted multiple controlled cocaine purchases from Marisa Moser, using informants and undercover officers.
- Moser obtained cocaine from Gene Carter, who was repeatedly observed at the cocaine-transaction locations.
- In May 2010, authorities sought and obtained electronic surveillance of Carter’s telephone communications, which captured Appellant discussing heroin transactions.
- Appellant was charged by information on Feb. 2, 2011 with four counts including delivery of heroin, possession with intent to deliver heroin, conspiracy, and use of a communications facility.
- Appellant moved to sever his case from Carter’s; the court denied the motion, and trial proceeded jointly.
- Jury verdicts on Oct. 27, 2011 found Appellant guilty of four counts, including delivery of cocaine (which later became a subject of reversal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court abuse its discretion denying severance? | Serrano claims severance was required to avoid prejudice. | Joinder was proper as charges stemmed from same events and evidence would be admissible in separate trials. | No abuse; joinder warranted; no real prejudice shown. |
| Was the audio-recording testimony admissible without proper foundation? | Voice identification lacked sufficient foundation. | Agent’s testimony and authentication satisfied Rule 901. | Admissible; proper foundation shown. |
| Were the convictions against the weight of the evidence for cocaine-related offenses? | Convictions for cocaine-related charges were unsupported by evidence. | Other remaining convictions supported; weight challenge waived/insufficient. | Vacate Count 1 (delivery of cocaine) and remand for resentencing; conspiracy count narrowed; other convictions affirmed. |
Key Cases Cited
- Commonwealth v. Collins, 550 Pa. 46, 703 A.2d 418 (1997) (three-part severance framework)
- Commonwealth v. Lark, 518 Pa. 290, 543 A.2d 491 (1988) (joinder and severance standards)
- Commonwealth v. Housman, 604 Pa. 596, 986 A.2d 822 (2009) (conspiracy joint trial preference)
- Commonwealth v. Marsh, 888 Pa. Super. 610, 566 A.2d 296 (1989) (joinder favored; avoid repetition)
- Commonwealth v. Childress, 452 Pa. Super. 37, 680 A.2d 1184 (1996) (evidence as part of the history of the case; natural development)
- Commonwealth v. Knox, 50 A.3d 749, n.12 (Pa. Super. 2012) (jurisdictional defect; charged with correct crime)
- Commonwealth v. Starks, 304 Pa. Super. 527, 450 A.2d 1363 (1982) (tape admissibility when voice identified by investigator)
- Commonwealth v. Champney, 574 Pa. 435, 832 A.2d 403 (2003) (weight-of-the-evidence standard; appellate review限)