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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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.
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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.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/30/2014
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