Superior Court of Pennsylvania, 2024

Com. v. Narvaez, W., Jr.

Com. v. Narvaez, W., Jr.
Superior Court of Pennsylvania · Decided October 24, 2024 · Nichols

Com. v. Narvaez, W., Jr.

Opinion

J-S33039-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : WILLIAM NARVAEZ JR. : : Appellant : No. 1620 MDA 2023 Appeal from the Judgment of Sentence Entered November 9, 2023 In the Court of Common Pleas of Dauphin County Criminal Division at No(s): CP-22-CR-0004984-2022

BEFORE: OLSON, J., KUNSELMAN, J., and NICHOLS, J.

MEMORANDUM BY NICHOLS, J.: FILED: OCTOBER 24, 2024 Appellant William Narvaez Jr. appeals from the judgment of sentence imposed following his convictions for two counts of possession with intent to deliver a controlled substance (PWID) and one count of possession of drug paraphernalia.1 Appellant contends that the evidence was insufficient to sustain his convictions. After review, we affirm on the basis of the trial court’s opinion.

We adopt the trial court’s summary of the underlying facts and procedural history of this matter. See Trial Ct. Op., 3/19/24, at 1-7.2 Briefly, on November 4, 2022, Swatara Township Police Officer Anthony Glass conducted a traffic stop of Appellant’s vehicle. When the officer approached ____________________________________________

1 35 P.S. § 780-113(a)(30), and (32), respectively. 2 Although the trial court opinion is dated March 4, 2024, it was not served on the parties until March 19, 2024.

J-S33039-24

the car, he saw Appellant was holding a black bag against his body. Officer Glass asked for identification, registration, and proof of insurance, and Appellant retrieved his wallet and identification from the black bag. After Appellant gave Officer Glass consent to search the bag, the officer discovered a large quantity of what was determined to be cocaine and fentanyl in multiple bags. Appellant was arrested, and following a jury trial, he was convicted of two counts of PWID, and one count of possession of drug paraphernalia.3 Appellant was sentenced to an aggregate term of eight to eighteen years of incarceration.

Appellant subsequently filed a timely notice of appeal and a court- ordered Pa.R.A.P. 1925(b) statement. The trial court issued a Rule 1925(a) opinion in response.

On appeal, Appellant raises one issue: Whether the evidence was insufficient to show [Appellant] possessed with the intent to deliver fentanyl and cocaine, when the Commonwealth failed to demonstrate [Appellant] had actual or constructive possession of the controlled substance?

Appellant’s Brief at 5 (formatting altered).

Following our review of the record, the parties’ briefs, and relevant legal authority, we affirm on the basis of the trial court’s opinion. See Trial Ct. Op., 3/19/24, at 1-12. The trial court thoroughly addressed Appellant’s claim of ____________________________________________

3 The trial court found Appellant guilty of the summary offenses of driving an unregistered vehicle in violation of 75 Pa.C.S. § 1301(a), and operating a vehicle without official certificate of inspection in violation of 75 Pa.C.S. § 4703(a).

-2- J-S33039-24

error and correctly concluded that he was not entitled to relief. See id. Accordingly, we affirm on the basis of the trial court’s opinion.4 Judgment of sentence affirmed. Jurisdiction relinquished.

Judgment Entered.

Benjamin D. Kohler, Esq.

Prothonotary

Date: 10/24/2024

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4 The parties are directed to attach a copy of the trial court’s opinion in the event of further proceedings.

-3- Circulated 09/25/2024 03:56 PM

Case-law data current through December 31, 2025. Source: CourtListener bulk data.