Com. v. Mayes, N.

J-S28026-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. NORMAN MAYES Appellant No. 2020 EDA 2013 Appeal from the Judgment of Sentence June 21, 2013 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0007097-2010 BEFORE: FORD ELLIOTT, P.J.E., LAZARUS, J., and PLATT, J.* MEMORANDUM BY LAZARUS, J.: FILED JULY 30, 2014 Norman Mayes appeals from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following his convictions for aggravated assault and various weapons offenses. After our review, we affirm based on the opinion authored by the Honorable Nina Wright Padilla. The trial court set forth the relevant facts as follows: -Sunday May 9, 2010-at about 12:55 p.m., Kia eet in the City and friends. N.T. 4/12/13 at 49-50, 104-105; N.T. 4/15/13 at 8-9. Though there were about twelve women present, only Howell and her friends Tahira Alexander and Latisha Matthews leaned - 58, 106-109; N.T. 4/15/13 at 8-9, 39-40. Others present included Johnell Bell and Sukinah Dickerson. N.T. 4/15/13 at 6, ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-S28026-14 38, 41, 51. None of the women had guns. N.T. 4/12/13 at 22; 63. Some people on the street did have cell phones. N.T. 4/12/13 at 10, 64. As the women conversed, Appellant approached them from behind, through an opening in a nearby fence, stopping about four feet from Howell. N.T. 4/12/13 at 50, 109; N.T. 4/15/13 at 41-42. Howell and her friends recognized Appellant as a resident of the neighborhood, who resides in - Shryon Thomas, a.k.a. 4/12/13 at 52-53, 70; N.T. 4/15/13 at 18. Appellant said angrily 4/12/13 at 50; N.T. 4/15/13 a 42. The women complied with Appellant proceeded to argue with Howell; he went straight towards her, seemingly ignoring everyone else. N.T. 4/15/13 at 43-44. Howell told Appellant there was a better way he could get off my f------ street began to run, Howell did not. N.T. 4/15/13 at 44. Howell 109. Appellant, standing approximately two or three feet away from Howell, fired once, striking her in the chest. N.T. 4/12/13 at 50-51, 109; N.T. 4/15/13 at 44, 103. He walked away and got into his car but did not pull away immediately: it looked as though he was putting more bullets into his gun. N.T. 4/12/13 at 109; N.T. 4/15/13 at 11, 44. Finally Appellant fled in his vehicle as Johnell Bell chase him down the street, screaming for someone to call the police. N.T. 4/15/13 at 46. . . At Hahnemann Hospital, Howell was taken straight into surgery as a level one trauma. N.T. 4/12/13 at 27; N.T. 4/15/13 at 175. She was in critical condition with gunshot wound to her right breast; she suffered a collapsed lung, and a fractured rib; the bullet had torn through her lung and diaphragm, lacerated her liver, and lodged between her eleventh and twelfth ribs. N.T. 4/15/13 at 46-47, 175; N.T. 4/12/13 at 28; N.T. 4/15/13 at 175. Trial Court Opinion, 10/23/2013, at 2, 4-6. -2- J-S28026-14 Appellant was arrested on May 9, 2010, and charged with Attempted Murder, Possession of a Firearm Prohibited, Aggravated Assault, Firearms Not to be Carried Without a License, Carrying Firearms in Public in Philadelphia, PIC, Terroristic Threats, Simple Assault, and Recklessly Endangering Appellant not guilty of attempted murder and guilty of aggravated assault, firearms not to be carried without a license, carrying firearms in public in Philadelphia, and PIC. N.T. this court found Appellant in violation of 18 Pa.C.S. § 6105, persons not to possess firearms. N.T. 4/17/13, at 38. Id., at 1-2. filed post-sentence motions, which the court denied. This appeal followed. Mayes raises two issues for our review: Were not the maximum consecutive sentences imposed which amount to a life sentence without parole excessive and unreasonable? Were not the sentences imposed for the violations of the Uniform Firearms Act and possessing an instrument of crime, 13½ to 27 years total confinement, excessive and unreasonable in that each was a separate punishment for the same act of possession of a firearm? affirm on the basis of her opinion. See Trial Court Opinion, 10/23/2013, at 15-25. We instruct the proceedings. Judgment of sentence affirmed. -3- J-S28026-14 Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 7/30/2014 -4-