Opinion
J-A21008-18 No. 1030 EDA 2017
03-08-2019
COMMONWEALTH OF PENNSYLVANIA v. BENJAMIN A. BREWER Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence February 28, 2017
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0002532-2016 BEFORE: PANELLA, J., OLSON, J., and McLAUGHLIN, J. JUDGMENT ORDER BY PANELLA, J.
Benjamin A. Brewer appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas following his conviction of carrying a firearm on the streets of Philadelphia. Brewer attacks the sufficiency of the evidence underlying this conviction. We affirm.
18 Pa.C.S.A. § 6106(a)(1). Brewer was also convicted of carrying a firearm without a license, 18 Pa.C.S.A. § 6108; however, he does not challenge this conviction in the instant appeal.
The trial court accurately summarized the history of this case. See Trial Court Opinion, filed May 25, 2017, at 1-3. Therefore a detailed recitation of the factual and procedural history is unnecessary.
Our standard of review for a challenge to the sufficiency of the evidence is to determine whether, when viewed in a light most favorable to the verdict winner, the evidence at trial and all reasonable inferences therefrom are sufficient for the trier of fact to find each element of the crimes charges is established beyond a reasonable doubt. See Commonwealth v. Dale , 836 A.2d 150, 152 (Pa. Super. 2003).
On appeal, Brewer contends that the Commonwealth presented insufficient evidence to support his conviction for carrying a firearm on the streets of Philadelphia. Specifically, Brewer contends the Commonwealth failed to prove Brewer was "carrying" the firearm "upon the public streets or upon any public property" as contemplated by the statute. The trial court, in its May 24, 2017 opinion, methodically reviewed this claim and disposed of Brewer's sufficiency argument on the merits. We have reviewed the parties' briefs, the relevant law, the certified record, and the well-written opinion of the Honorable Stella Tsai. Judge Tsai's opinion comprehensively disposes of Brewer's challenge with appropriate reference to the record and without legal error. Accordingly, we affirm the trial court's judgment of sentence based on Judge Tsai's opinion. See Trial Court Opinion, filed 5/4/17 (concluding evidence was sufficient to support a finding that Brewer constructively possessed the firearm due to his statements to officers, location of the firearm in the vehicle, and the matching, loaded magazine found on Brewer).
Judgment of sentence affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 3/8/19
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