Com. v. Ali, R.

J-A22028-18 2018 PA Super 273 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : RAFIE L. ALI : : Appellant : No. 2596 EDA 2017 Appeal from the Judgment of Sentence February 27, 2017 In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CP-46-CR-0005222-2012 BEFORE: BENDER, P.J.E., NICHOLS, J., and STEVENS*, P.J.E. OPINION BY STEVENS, P.J.E.: FILED OCTOBER 09, 2018 Appellant, Rafie L. Ali (“Ali”), appeals from the February 27, 2017, judgment of sentence entered in the Court of Common Pleas of Montgomery County following our Supreme Court’s remanding of the case to the trial court for a new sentencing hearing and the imposition of a new sentence. See Commonwealth v. Ali, 637 Pa. 371, 149 A.3d 29 (2016). After a careful review, we affirm. Our Supreme Court has set forth the relevant facts and procedural history, in part, as follows: On May 21, 2012, Roger Malloy drove Robert Malloy, Kendall Harper and James Crawford to the Achi Store, a convenience store in Pottstown owned and operated by [Ali] and a partner, Muhammed Himed [(“Himed”)]. N.T. 6/11/13 at 132-33. Harper and Crawford entered the store and purchased K2, a synthetic marijuana, from Himed. Roger Malloy later picked up Rachel Witt. The entire group, except for Harper, then drank alcohol and smoked the K2 purchased at the Achi Store. Id. ____________________________________ * Former Justice specially assigned to the Superior Court. J-A22028-18 Later that evening, Roger Malloy, Witt and Crawford were involved in a serious automobile accident. As a result, Rachel Witt and James Crawford died while Malloy, the driver, survived. Police recovered K2 from the vehicle and a laboratory test detected the substance in Roger Malloy’s blood system; Harper told police the K2 was purchased at the Achi Store. Id. at 131-33. As a result, Pottstown Police Officers Breslin and Yambrick were directed to attempt an undercover purchase of K2 from the Achi Store. Upon entering the store, Officer Breslin asked [Ali] if he had “Kush,” a brand of K2, [Ali] replied, “No, I don’t,” and Breslin exited. Id. at 20. Officer Yambrick entered the store an hour later, however, and purchased two containers of K2 from [Ali]. Id. at 35. Yambrick returned to the store to check for surveillance cameras and saw [Ali] sell K2 to an unknown individual. Id. at 46-48. Officers then obtained a search warrant and recovered 36 vials of K2, a .40 caliber handgun and various items used to smoke marijuana and crack cocaine. Id. at 85-103. [Ali] and Himed were arrested and charged with, inter alia, corrupt organizations, criminal conspiracy, delivery of paraphernalia and possession with intent to deliver a controlled substance.1 118 Pa.C.S. § 911(b)(3)-(4); 18 Pa.C.S. § 903; 35 P.S. § 780- 113(a)(33); and 35 P.S. § 780-113(a)(3), respectively. Included in those charges was possession with intent to deliver K2 arising from the sale to Harper and Crawford. The cases against [Ali] and Himed were consolidated with the prosecution of Roger Malloy ...

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