J-A04033-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA 

Appellant

v.

TYREEK JACKSON

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1801 EDA 2019

Appeal from the Order Entered June 4, 2019

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

No(s): CP-51-CR-0001942-2019

BEFORE: STABILE, J., KING, J., and PELLEGRINI, J.*

MEMORANDUM BY PELLEGRINI, J.: FILED: MARCH 8, 2021

The Commonwealth of Pennsylvania appeals from the order entered in 

the Court of Common Pleas of Philadelphia County (trial court) denying its 

motion to refile the charges of attempted robbery and conspiracy brought 

against Tyreek Jackson (Jackson) and co-defendant Tyreek Goodin (Goodin). 

We reverse the trial court’s order and remand for trial.1

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* Retired Senior Judge assigned to the Superior Court.

1 The Commonwealth has also appealed the trial court’s order as it relates to 

Goodin. We have issued a nearly identical Memorandum in that case, JA04032-21.
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I.

A.

On March 2, 2019, at approximately 7:30 p.m., Philadelphia Police 

Officer George Soto and his partner, Officer Pavone,2 were on routine patrol 

near the 5600 block of Haverford Avenue. (See N.T. Preliminary Hearing, 

3/18/19, at 4, 6). The officers observed two men dressed in ski masks and 

dark clothing, later identified as Jackson and Goodin, at a laundromat. (See 

id. at 5). Goodin was inside of the laundromat and Jackson was standing 

outside. (See id.).

As the officers approached, Jackson fled the scene and Officer Pavone 

pursued him on foot. (See id. at 6). Goodin started to exit the laundromat 

and Officer Soto directed him to stop and show his hands. (See id.). Goodin 

ignored this command and put his hands into his waist band. (See id.). After 

a brief struggle, Officer Soto was able to handcuff Goodin. (See id.). He 

recovered a black handgun from Goodin’s person and women’s jewelry from 

his book bag. (See id. at 6-7).

Police Officer Sergio Diggs responded to assist Officer Pavone in pursuit 

of Jackson. (See id. at 12). During the chase, Officer Diggs observed Jackson 

continuously grasp at the front of his waist band. (See id. at 13). Jackson 

pulled out a silver handgun and thew it over a fence when Officer Diggs 

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2 Officer Pavone’s first name is not apparent from the record.
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ordered him to drop it. (See id.). The officers took Jackson into custody and 

recovered the handgun. (See id. at 13-14, 18). Both defendants gave 

videotaped statements to Philadelphia Police Detective Jeffrey Opalski and 

Detective Francesco Campbell. (See id. at 20-21, 26, 28).

B.

The Commonwealth filed charges of attempted robbery, criminal 

conspiracy, firearms not to be carried without a license, carrying a firearm on 

a public street in Philadelphia and possession of an instrument of a crime

against Jackson and Goodin.3 At the March 18, 2019 preliminary hearing in 

the Philadelphia Municipal Court, Detective Opalski testified that Jackson 

“admitted to possessing the firearm that was recovered during his arrest. And 

he also admitted to attempting or taking part in robbing the Laundromat at 

56th and Vine.” (N.T. Preliminary Hearing, at 20). Jackson indicated that he 

had gone inside of the laundromat and “admitted to . . . either a robbery or 

an attempted robbery of a Laundromat[.]” (Id. at 25.).

Regarding Goodin, Detective Opalski testified, “he admitted to 

possessing the firearm that was recovered during his arrest. He also admitted 

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3 18 Pa.C.S. §§ 901(a), 3701(a)(1)(ii), 903(c), 6106(a)(1), 6108 and 907(a).
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to taking part in a home invasion that occurred on 61st Street.” (Id. at 21; 

see id. at 23, 26).4

Detective Campbell testified that Goodin “told me pretty much they were 

attempting to rob this establishment [the laundromat].” (Id. at 29). When 

asked if he could be more specific, Detective Campbell explained:

[Goodin] told me that they were going into the Laundromat with 

the intention to rob the Laundromat. During the incident, there 

was some kind of conflict between him and the other defendant. 

They exited the store and police were on location. He pretty 

much─one of them ran, a firearm was recovered and they were 

brought to Southwest Detectives.

(Id. at 30). Detective Campbell also agreed with defense counsel that Goodin 

essentially represented that he “backed out” of the robbery. (Id. at 31-32).

At the conclusion of the hearing, the municipal court dismissed the 

attempted robbery and conspiracy charges and held the defendants for trial 

on the remaining offenses. On March 21, 2019, the Commonwealth filed a 

motion in the trial court seeking to refile the charges. The court held a hearing 

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4 At the hearing, the rule prohibiting the use of a co-defendant’s statement 

was raised. (See N.T. Preliminary Hearing, at 21). This rule is “narrow, 

however, and does not apply when a co-defendant’s confession is redacted to 

omit any specific reference to the defendant and can be linked to the 

defendant only by inferential incrimination. See Commonwealth v. James, 

66 A.3d 771, 777 (Pa. Super. 2013) (concluding that appellant’s rights under 

the Confrontation Clause were not violated by admission of his co-defendant’s 

statement at their joint trial where all references to appellant were replaced 

with the neutral phrase ‘the other guy’ and the court issued appropriate 

cautionary instruction).” Commonwealth v. Epps, 240 A.3d 640, 650 (Pa. 

Super. 2020).
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on June 4, 2019, and it dismissed the motion after considering the parties’ 

arguments and the notes of testimony from the preliminary hearing.5 The 

court found the Commonwealth’s introduction of Goodin’s statement

recounting a disagreement with Jackson in the laundromat showed they 

renounced their planned robbery before taking a substantial step to carry it 

out. (See Trial Ct. Op., at 7-10). This timely appeal followed. The 

Commonwealth and the trial court complied with Rule 1925. See Pa.R.A.P. 

1925(a)-(b).6

II.

A.

The Commonwealth argues that the trial court erred in failing to grant 

its motion to refile the attempted robbery and criminal conspiracy charges 

against Jackson where the evidence at the preliminary hearing established 

probable cause he committed the offenses.7 The Commonwealth further 

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5 The Commonwealth did not reopen the record or present additional evidence 

such as videotape surveillance footage from the laundromat or a 911 call 

transcript. (See Trial Court Opinion, 11/13/19, at 2, 9). However, the record 

reflects that videotape surveillance footage from the laundromat was 

preserved for trial and the defendants’ statements to detectives were 

videotaped. (See N.T. Preliminary Hearing, at 24, 26-27, 29, 31-32).

6 The Commonwealth has certified that the trial court’s order terminates or 

substantially handicaps the prosecution. See Pa.R.A.P. 311(d).

7 A trial court’s decision regarding evidentiary sufficiency, or lack thereof, of 

the Commonwealth’s prima facie case for a charged crime, is a question of 

law as to which our review is plenary. See Commonwealth v. Montgomery, 

234 A.3d 523, 533 (Pa. 2020).
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claims any evidence of renunciation was not relevant at the preliminary 

hearing, as it is a defense and not one of the material elements of the crimes 

the Commonwealth was required to establish.

A preliminary hearing is not a trial and its principal function is to protect 

an individual’s right against an unlawful arrest and detention. See

Montgomery, supra at 533. “The Commonwealth bears the burden at the 

preliminary hearing of establishing a prima facie case that a crime has been 

committed and that the accused is probably the one who committed it.” Id.

(citation omitted). “The evidence supporting a prima facie case need not 

establish the defendant’s guilt beyond a reasonable doubt, but must only 

demonstrate that, if presented at trial and accepted as true, the judge would 

be warranted in permitting the case to proceed to a jury.” Id. (citation 

omitted). “The Commonwealth establishes a prima facie case where it 

produces evidence of each of the material elements of the crime charged and 

establishes probable cause to warrant the belief that the accused committed 

the offense.” Id. (citation omitted). At the preliminary hearing stage, the 

court must view the evidence and reasonable inferences drawn therefrom in 

the light most favorable to the Commonwealth. See id. at 537.

Regarding the attempted robbery charge in the instant case, the 

Pennsylvania Crimes Code provides that a defendant is guilty of robbery if “in 

the course of committing a theft, he . . . threatens another with or intentionally 

puts him in fear of immediate serious bodily injury.” 18 Pa.C.S. 
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§ 3701(a)(1)(ii). Additionally, “a person commits an attempt when, with 

intent to commit a specific crime, he does any act which constitutes a 

substantial step toward the commission of that crime.” 18 Pa.C.S. § 901(a). 

“The elements of criminal attempt are: (1) an intent to commit a specific 

crime; and (2) any act constituting a substantial step toward the commission 

of that crime.” Commonwealth v. Zingarelli, 839 A.2d 1064, 1069 (Pa. 

Super. 2003). “The substantial step test broadens the scope of attempt 

liability by concentrating on the acts the defendant has done and does not any 

longer focus on the acts remaining to be done before the actual commission 

of the crime.” Id. (citation omitted). “The defendant need not actually be 

in the process of the crime when arrested in order to be guilty of criminal 

attempt.” Id. (citation omitted; emphasis added).

The offense of criminal conspiracy requires proof of three elements: 

“1) an agreement, 2) shared criminal intent, and 3) an overt act.” 

Commonwealth v. Jordan, 212 A.3d 91, 96 (Pa. Super. 2019) (citation 

omitted); see also 18 Pa.C.S. § 903. Because conspiracy by its nature is 

often difficult to prove due to a lack of direct evidence, courts look to the 

conduct of the parties and the surrounding circumstances to link the accused 

to the alleged conspiracy. See Jordan, supra at 97. Circumstances relevant 

to this analysis include an association between the alleged conspirators; 

knowledge of the crime and presence at the scene; and post-crime conduct 

such as flight, as it tends to demonstrate consciousness of guilt. See id.
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Central to the trial court’s disposition in this case is the defense of 

renunciation to the crime of criminal attempt. It provides in relevant part as 

follows:

(c) Renunciation.—

(1) In any prosecution for an attempt to commit a crime, it 

is a defense that, under circumstances manifesting a voluntary 

and complete renunciation of his criminal intent, the defendant 

avoided the commission of the crime attempted by abandoning 

his criminal effort and, if the mere abandonment was insufficient 

to accomplish such avoidance, by taking further and affirmative 

steps which prevented the commission thereof.

(2) A renunciation is not “voluntary and complete” within 

the meaning of this subsection if it is motivated in whole or part 

by:

(i) a belief that circumstances exist which 

increase the probability of detection or apprehension of the 

defendant or another participant in the criminal enterprise, 

or which render more difficult the accomplishment of the criminal 

purpose[.]

18 Pa.C.S. § 901(c)(1),(2)(i) (emphasis added).

B.

Applying this construct to the instant appeal, we conclude that it is clear 

the Commonwealth presented sufficient evidence at the preliminary hearing

to establish a prima facie case of attempted robbery and conspiracy. 

Specifically, the evidence showed that Jackson and Goodin were armed when 

the entered the laundromat, wore ski masks and dark clothing to conceal their 

identities and blatantly disregarded police officers’ commands. The 

inculpatory statements Jackson and Goodin made to police detectives indicate 
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that they entered the laundromat with an agreement to rob it. Additionally, 

Jackson immediately fled from the laundromat upon the arrival of police, 

signaling consciousness of guilt.

Concerning the defense of renunciation raised by Goodin’s statement 

that he and Jackson had a disagreement and backed out of the robbery, while 

the co-defendants may offer into evidence at trial and argue to the jury that 

they had a disagreement and abandoned the planned robbery, this defense 

theory does not negate the fact that the Commonwealth established a prima 

facie case of attempted robbery and conspiracy at the preliminary hearing. 

Moreover, to consider this defense would require the fact-finder at the 

preliminary hearing to resolve questions regarding the weight and credibility 

of the evidence, which we have stated must be resolved by the fact-finder at 

trial. See Commonwealth v. Hilliard, 72 A.3d 5, 14 (Pa. Super. 2017); 

Commonwealth v. Landis, 48 A.3d 432, 448 (Pa. Super. 2012).

Because we conclude the trial court erred in rejecting the 

Commonwealth’s motion to reinstate the charges, we reverse its order and 

remand the case for trial.

Order reversed. Case remanded for trial. Jurisdiction relinquished.
J-A04033-21

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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/8/21