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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE SUPERIOR COURT OF
PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
Appe||ee
JAISON JONES
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Appellant No. 519 WDA 2015
Appeal from the Judgment of Sentence January 28, 2015
In the Court of Common Pleas of A||egheny County
Criminal Division at No(s): CP-02-CR-0000442-2014
BEFORE: LAzARus, J., oLsoN, J., and PLATr, J.*
MEMoRANDuM BY LAzARus, J.: FILED ocToBER 24, 2016
Jaison Jones files this appeal nunc pro tunc from the judgment of
sentence entered on January 28, 2015 in the Court of Common Pleas of
A||egheny County. After careful review, we affirm.
The trial court made the following factual findings:
I find that Officer Desaro was employed as a City of
Pittsburgh police officer on patrol and on duty at
approximately 2:30 a.m. on December 21, 2013
near the 6600 block of Frankstown Avenue near
Finley Street in the City of Pittsburgh.
I find also that earlier that morning, a specific time
unknown but within a relatively short time based on
the testimony prior to that 2:30 encounter, Officer
Desaro received a be-on-the-lool<-out-call, a BOLO
call if you will, regarding a red Mercedes and a red
* Retired Senior Judge assigned to the Superior Court.
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Dodge automobile that [were] involved where one of
the occupants of the vehicle was apparently in
possession of a firearm involved in an incident on the
Northside area of the City of Pittsburgh. A
description was given as a red Mercedes and a red
Dodge. The operator of the Mercedes was described
as a black male, heavy set, attired in a t-shirt.
I also find that Officer Desaro at approximately the
time of the stop which was around 2:30 a.m., the
21St of December, observed a red Mercedes in the
area of Finley Street and the 6600 block of
Frankstown which I believe is the Serentiy or which
[is] now known as the Serenity Club. He notices a
red Mercedes and based upon the information he
received earlier on the BOLO he followed it, did not
activate his lights or effectuate any type of a stop.
The vehicle apparently pulled over on its own volition
on Finley Street. I also find that as Officer Desaro
approached the vehicle, the driver who emerged
from the red Mercedes matched the description that
was given earlier that night in the BOLO with the
information that the operator wore a white t-shirt, he
was a heavy set black male and that a firearm was
involved in whatever type of incident it was or which
occurred earlier that evening on the Northside which
caused the Officer to have apprehension about his
own safety as he approached the vehicle. For his
safety, as Officer Desaro testified, he drew his
weapon and he directed the driver of the vehicle
after he had gotten out voluntarily to the ground
where he was secured and effectively restrained.
Officer Desaro and Officer Nino who subsequently
had arrived at the scene and approached the red
Mercedes after securing the defendant and observed
a handgun on the passenger seat of the vehicle in
plain view which was subsequently recovered and
found to be fully loaded.
The information again in the BOLO was corroborated
by Officer David Head who heard the BOLO earlier in
the evening while engaged in a private off-duty
assignment with the City at a club in the Strip
District . . . . in private duty capacity providing
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security at the Travelers Club on Hamilton Avenue.
It was some time shortly after 2 o'clocl< in the
morning when Officer Head placed another alert on
the police radio that he observed what may be the
vehicle described earlier on the Northside in the area
of the Hamilton Avenue location at 2500 Hamilton
Avenue. It matched the description of a heavy set
black male, white t-shirt, red Mercedes and he
broadcast that information.
N.T. Suppression Hearing, 7/17/14, at 51-54.
Jones was charged with one count each of person not to possess a
firearm, carrying a firearm without a license, and the summary offense of
driving while operating a suspended license.1 On April 30, 2014, Jones filed
a motion to suppress physical evidence. The trial court denied the motion
after a hearing on July 17, 2014. Jones proceeded to a non-jury trial on
November 21, 2014, where the trial court found him guilty on each count.2
On January 28, 2015, the trial court sentenced Jones to an aggregate
sentence of not less than two years to not more than four years'
incarceration.
Jones failed to file post-sentence motions or a notice of appeal. Jones
then filed a petition for allowance of appeal nunc pro tunc on March 11,
2015. The Honorable Kevin G. Sasinoski granted Jones' petition in an order
filed on March 23, 2015. Jones subsequently filed a notice of appeal and a
1 18 Pa.C.S. § 6105(a)(1); 18 Pa.C.S. § 6106(a)(1); and 75 Pa.C.S. § 1543,
respectively.
2 Jones waived his right to a jury trial and proceeded with a bench trial in
front of the Honorable Kevin G. Sasinosl