Com. v. Davis, B.

<p>J-A26032-20 2020 PA Super 255 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : BRANDON EUGENE DAVIS : : Appellant : No. 3193 EDA 2019 Appeal from the Judgment of Sentence Entered May 23, 2019 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0000830-2018 BEFORE: BENDER, P.J.E., LAZARUS, J., and STEVENS, P.J.E.* OPINION BY STEVENS, P.J.E.: FILED OCTOBER 23, 2020 Appellant, Brandon Eugene Davis, appeals from the judgment of sentence entered in the Court of Common Pleas of Bucks County following his conviction by a jury on, inter alia, robbery, burglary, and conspiracy.1 After a careful review, we affirm. ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 Specifically, Appellant was convicted of five counts of robbery, 18 Pa.C.S.A. § 3701(a)(1)(ii), five counts of robbery, 18 Pa.C.S.A. § 3701(a)(1)(iii), burglary, 18 Pa.C.S.A. § 3502, two counts of conspiracy, 18 Pa.C.S.A. § 903, five counts of simple assault, 18 Pa.C.S.A. § 2701, five counts of recklessly endangering another person, 18 Pa.C.S.A. § 2705, false imprisonment of a minor, 18 Pa.C.S.A. § 2903(b), four counts of false imprisonment, 18 Pa.C.S.A. § 2903(a), unlawful restraint of a minor, 18 Pa.C.S.A. § 2902(b), four counts of unlawful restraint, 18 Pa.C.S.A. § 2902(a), theft by unlawful taking, 18 Pa.C.S.A. § 3921, theft by extortion, 18 Pa.C.S.A. § 3923, and criminal coercion, 18 Pa.C.S.A. § 2906. J-A26032-20 The relevant facts and procedural history are as follows: Appellant was arrested in connection with an armed home invasion occurring on August 21, 2017, at the home of Jonathan and Emily Nadav in Newtown Township, Bucks County.2 On October 11, 2018, Appellant filed a counseled omnibus pre-trial motion seeking to suppress the police’s seizure of cell phone records, specifically the historical cell-site location records for Appellant’s cell phone.3 See Appellant’s Suppression Motion, filed 10/11/18, at 1-2. Appellant admitted the Commonwealth obtained a court order requiring Appellant’s cell phone wireless provider, T-Mobile/Metro PCS, to disclose and furnish the police with the cell-site location records. See id. However, Appellant contended the police’s acquisition of his cell-site location records constituted a search for which a warrant supported by probable cause was required. See id. Accordingly, absent a warrant, Appellant averred the cell- ____________________________________________ 2 Appellant’s co-conspirators, Sadeen Jones and Raymond Anthony Daniels, were also arrested in connection with the home invasion. Jones proceeded to a jury trial with Appellant, and he was convicted of numerous crimes, including robbery, burglary, and conspiracy. He received an aggregate sentence of 70 years to 140 years in prison. Jones filed a direct appeal from his judgment of sentence, and the appeal has been docketed in this Court at 3284 EDA 2019. Jones’ appeal shall be addressed in a separate decision. Daniels pled guilty to, inter alia, robbery, burglary, and conspiracy. He received an aggregate sentence of 40 years to 80 years in prison, and on direct appeal, this Court affirmed his judgment of sentence. See Commonwealth v. Daniels, No. 1618 EDA 2019 ...</p><br>
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