Commonwealth v. Kinard

Full title: COMMONWEALTH OF PENNSYLVANIA v. IDRIS KINARD, Appellant

Court: SUPERIOR COURT OF PENNSYLVANIA

Date published: Mar 3, 2016

J. S11005/16 (Pa. Super. Ct. Mar. 3, 2016)

Opinion

J. S11005/16 No. 120 EDA 2015

03-03-2016

COMMONWEALTH OF PENNSYLVANIA v. IDRIS KINARD, Appellant

JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence, March 11, 2011, in the Court of Common Pleas of Philadelphia County
Criminal Division at No. CP-51-CR-0002209-2010 BEFORE: FORD ELLIOTT, P.J.E., OTT AND MUSMANNO, JJ. JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.:

Idris Kinard appeals from the judgment of sentence entered on March 11, 2011. We affirm.

A jury convicted appellant of three counts of attempted murder,¹ three counts of aggravated assault,² two violations of the Uniform Firearms Act,³ and possession of an instrument of crime.⁴ The trial court sentenced appellant to a term of incarceration of 15 to 30 years.

1 18 Pa.C.S.A. § 901(a).

2 18 Pa.C.S.A. § 2702(a).

3 18 Pa.C.S.A. § 6106(a)(1), 18 Pa.C.S.A. § 6108.

4 18 Pa.C.S.A. § 907(a).

The record reflects that the trial court retired from the bench. Subsequently, the Honorable Daniel J. Anders was administratively assigned to this matter on appellant's Post-Conviction Relief Act⁵ review and this subsequent nunc pro tunc direct appeal. Judge Anders authored the Pa.R.A.P. 1925(a) opinion. (Trial court opinion, 5/5/15 at 1 n.1.)

5 42 Pa.C.S.A. §§ 9541-9546.

Appellant raises two issues for our review:

I. Whether the prosecution engaged in pervasive and persistent misconduct where all of the discovery was not turned over until the day before or the day of trial and where the prosecutor referenced facts not in evidence during sentencing that the Appellant was a member of a gang where there was no such evidence to support the allegation[?]

II. Whether it was error not to allow the jury access to relevant evidence that the perpetrator was a dark skinned African American male when the Appellant is a light skinned African American male where the description of the perpetrator appeared in two separate statements to detectives by two different individuals[?]

Appellant's brief at 6.

Having determined, after careful review, that the learned Judge Anders, in his May 5, 2015 Rule 1925(a) opinion, ably and comprehensively disposes of appellant's issues on appeal, with appropriate reference to the record and without legal error, we affirm on the basis of that opinion.

Judgment of sentence affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 3/3/2016

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