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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

PATRICIA DODSON 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1787 EDA 2017

Appeal from the Judgment of Sentence May 12, 2017

In the Court of Common Pleas of Delaware County Criminal Division at 

No(s): CP-23-CR-0004936-2015

BEFORE: SHOGAN, J., LAZARUS, J., and DUBOW, J.

MEMORANDUM BY LAZARUS, J.: FILED MAY 29, 2018

Patricia Dodson appeals from the judgment of sentence, entered in the 

Court of Common Pleas of Delaware County, following her conviction of two 

counts of possession of a controlled substance with intent to deliver (PWID)

(cocaine/heroin).

1

 On appeal, Dodson claims the evidence was insufficient to 

support the convictions because the Commonwealth did not prove she 

constructively possessed any controlled substances. After our review of the 

record, the parties’ briefs and the relevant law, we find Dodson’s claim is 

meritless, and we affirm judgment of sentence based on the opinion authored 

by the Honorable Gregory M. Mallon.

After conducting surveillance and executing a search warrant on 209 

West Parkway Avenue, in the city of Chester, Delaware County, Detective 

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1 35 P.S. § 780-113(a)(30). 
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Michael Honicker, of the Delaware County Criminal Investigations Division, 

seized a quarter-pound of cocaine (107 grams) and a 20-gram block of heroin, 

as well as drug paraphernalia used to process, package and sell the drugs. At 

trial, Detective Honicker testified that after conducting surveillance of the 

residence over five days he developed Dodson as a suspect. He testified that 

the drugs were found in a bedroom containing female clothing and mail 

addressed to Dodson at the 209 West Parkway Avenue address. He also 

testified that the location matched Dodson’s address on records from the 

Pennsylvania Department of Transportation and the Social Security 

Administration. 

We address Dodson’s sufficiency of the evidence challenge, mindful that 

our standard is to

determine if the Commonwealth established beyond a reasonable 

doubt each of the elements of the offense, considering all the 

evidence admitted at trial, and drawing all reasonable inferences 

therefrom in favor of the Commonwealth as the verdict-winner. 

The trier of fact bears the responsibility of assessing the credibility 

of the witnesses and weighing the evidence presented. In doing 

so, the trier of fact is free to believe all, part, or none of the 

evidence.

Commonwealth v. Newton, 994 A.2d 1127, 1131 (Pa. Super. 2010) 

(quoting Commonwealth v. Pruitt, 951 A.2d 307, 313 (Pa. 2008)) (citations 

omitted). The Commonwealth may sustain its burden by means of wholly 

circumstantial evidence, and we must evaluate the entire trial record and 

consider all evidence received against the defendant. Commonwealth v. 

Markman, 916 A.2d 586, 598 (Pa. 2007).
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The crime of possession of a controlled substance with intent to deliver 

requires the Commonwealth to prove that Dodson possessed the controlled 

substance with the intent to manufacture, distribute, or deliver it. See 35 

P.S. § 780–113(a)(30). See also Commonwealth v. Marquez, 980 A.2d 

145, 148 (Pa. Super. 2009) (en banc). Further, where more than one person 

has equal access to the contraband, the Commonwealth must present 

evidence showing either defendant’s participation in the drug-related activity, 

or evidence connecting defendant to the specific room or area where the 

contraband was kept. Commonwealth v. Bricker, 882 A.2d 1008 (Pa. 

Super. 2005). Here, the Commonwealth established, beyond a reasonable 

doubt, Dodson’s connection to the residence and the specific room in which 

the contraband was found. 

We affirm Dodson’s judgment of sentence based on Judge Mallon’s 

opinion. See Trial Court Opinion, 10/10/17, at 2-8. We direct the parties to 

attach a copy of that opinion in the event of further proceedings. 

Judgment of sentence affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 5/29/18