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Com. v. Dixon, D.
Citation: Not availableDocket: 1093 MDA 2013
Court: Superior Court of Pennsylvania; August 1, 2014; Pennsylvania; State Appellate Court
Original Court Document: View Document
The judgment of sentence from May 23, 2013, issued by the Schuylkill County Court of Common Pleas against Darrell Dupree Dixon is dismissed due to waiver of the sole issue raised on appeal. The trial court detailed that on August 23, Dixon was involved in a bank robbery executed by Juan Cooke, who threatened bank staff while claiming to have a gun and fled with cash in bags. Dixon waited in a van to pick up Cooke, who ran through an alley after the robbery. A retired judge witnessed suspicious activity and reported it, leading to police alerts. Trooper Kyle Kutz identified Dixon driving the van, followed him as he attempted to evade police, and pursued him at high speeds until the van crashed. Over $17,000, including marked bait money, was recovered from the van. After being cleared for injuries, Dixon provided oral and written statements to police, claiming he was unaware of Cooke's robbery plans and thought he was simply giving Cooke a ride for payment. Dixon failed to stop for police when requested. Dixon used his cell phone to inform his mother about an incident while attempting to stop on a grass median before crashing. He testified that Cooke asked him for a ride at around 8 a.m., offering gas money, and directed him to drive north on I-81 to the Tremont exit without disclosing the reason for the trip. After arriving, Cooke instructed Dixon to drive around the block and later entered the van through an alley, not appearing to be in a hurry or carrying anything. Dixon admitted to weaving in traffic but denied reaching speeds of 110 mph, claiming he was trying to pull over when the crash occurred and stated he never saw any money. Following the trial, Dixon was convicted of multiple charges including criminal conspiracy, robbery, theft, and fleeing police, and the court found him guilty of careless and reckless driving. He received a sentence of five to ten years on May 23, 2013, and did not file a post-sentence motion but appealed on June 17, 2013. Dixon challenged the sufficiency of the evidence supporting his convictions; however, his statement lacked the necessary specificity regarding which elements were insufficient, leading to a waiver of the issue on appeal. Additionally, his appellate brief did not cite relevant legal authority, resulting in further waiver. Consequently, the appeal was dismissed, and jurisdiction was relinquished on August 1, 2014.