Com. v. Bukhari, S.
CourtSuperior Court of Pennsylvania
Date FiledNovember 6, 2026
Docket1781 MDA 2025
JudgePanella
StatusUnpublished
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Full Opinion
J-S31009-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
SYED AUN ABBAS BUKHARI :
:
Appellant : No. 1781 MDA 2025
Appeal from the Judgment of Sentence Entered November 21, 2025
In the Court of Common Pleas of York County
Criminal Division at No(s): CP-67-CR-0006177-2023
BEFORE: PANELLA, P.J.E., DUBOW, J., and SULLIVAN, J.
MEMORANDUM BY PANELLA, P.J.E.: FILED NOVEMBER 06, 2026
Syed Aun Abbas Bukhari appeals from the judgment of sentence entered
in the York County Court of Common Pleas on November 21, 2025. On appeal,
Bukhari challenges the court’s denial of his motion to dismiss based upon
Section 109 and 110 of the Crimes Code, i.e. the double jeopardy and
compulsory joinder rules. Upon careful review, we affirm.
On January 3, 2024, a criminal information was filed charging Bukhari
with Count 1: fleeing or attempting to elude officer, Count 2: reckless driving,
Count 3: careless driving, Count 4: exceed max speed limit established by 55
miles per hour, Count 5: driving at safe speed, Count 6: violating rules of the
Pennsylvania Turnpike Commission, Count 7: obedience to traffic-control
devices, and Count 8: driving in right lane.
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On November 8, 2024, Bukhari filed a motion to dismiss, in which he
argued his prosecution in York County was barred by a former prosecution in
Cumberland County based upon 18 Pa.C.S.A. §§ 109 and 110. Following a
response from the Commonwealth, a hearing on the motion to dismiss was
held on January 22, 2025. The trial court summarized the testimony from the
hearing as follows:
At the January 22, 2025 motion to dismiss hearing, Trooper Dylan
Adams testified that on November 20, 2023, just after midnight,
he was on patrol with Trooper McKnight. While on a traffic stop on
1-83 Trooper Adams overheard on their radio that Pennsylvania
State Police (hereinafter “PSP”) Carlisle was in pursuit of a red
BMW that was entering the turnpike and heading east. Hearing
this, the troopers discontinued their traffic stop, proceeded to the
turnpike, and waited at the turnpike exit for York County to see if
the fleeing car would pass their location. A red BMW passed their
location; however, due to its speed, Trooper Adams could not read
the registration. Trooper Adams was able to observe that the
license plate of the red BMW was yellow, which, from his
experience, Trooper Adams opined normally indicates a New
Jersey registration. The troopers entered the turnpike and
activated their emergency equipment to effectuate a traffic stop
but the suspect vehicle fled.
Trooper Adams was unable to keep pace with the much faster
BMW. As a result, Trooper Adams radioed ahead to Harrisburg to
set up spike strips because “we figured if he ran from Carlisle, he
is going to run from us also.” Trooper Adams was aware that
Cumberland PSP had discontinued their pursuit of the red BMW.
Asked to confirm that the BMW sped up after Trooper Adams first
saw it, Trooper Adams responded: “He was not going 150 miles
an hour, no, ma’am.” Trooper Adams estimated that, when it
passed him, the vehicle was going faster than the posted speed
limit of 70 miles per hour. Trooper Adams noted that he can read
registrations of vehicles driving 55 m.p.h. and can sometimes read
registrations of vehicles driving 70 m.ph. but at 80 plus m.p.h.
then Trooper Adams cannot read registrations. Putting aside
exacting speeds, Trooper Adams confirmed that the red BMW was
traveling at a slower speed when Trooper Adams first observed it
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than when Trooper Adams began to pursue the BMW. The spike
strips that were set out by Harrisburg resulted in the BMW getting
flat tires and [Bukhari] and his passenger were taken into custody.
No one from Cumberland County, where the radio transmission
about the red BMW originated, contacted Trooper Adams for
assistance. Rather, Cumberland PSP followed regulations and
called out their pursuit. Trooper Adams was not dispatched to the
turnpike. Trooper Adams was informed that PSP Carlisle was
pursuing a red BMW with New Jersey registration for which PSP
Carlisle had the tag number. However, unlike where Harrisburg
assisted at Trooper Adams’ request, Carlisle did not request
Trooper Adams’ assistance. “We took it upon ourselves to go sit
on the turnpike and see if the vehicle would pass us, if we could
get it to stop, since it already ran from Carlisle.”
When pressed on whether [Bukhari] was already fleeing
Cumberland authorities, Trooper Adams noted that they were not
actively chasing [Bukhari]. Trooper Adams heard no sirens from a
police car, nor did he see any lights from a police car. Trooper
Adams specified as follows:
It’s nighttime, our lights are bright, you can see them from
a pretty good distance, especially on the turnpike, which is
flat and straight. There were no other police lights. He
wasn’t fleeing from anyone until I pulled out and he started
to flee from me.
Though PSP Carlisle also arrived at the scene where [Bukhari] was
arrested, Trooper Adams indicated that their arrival was after
[Bukhari] was already in custody and things were “pretty much
wrapped up” as the troopers waited for supervisors to arrive to
determine where the BMW and [Bukhari] would be processed.
Carlisle PSP discontinued their pursuit at mile marker 236 and
Trooper Adams sighted the red BMW at mile marker 242, which,
Trooper Adams agreed, amounted to approximately a seven-mile
distance. Trooper Adams further agreed that from the time PSP
Carlisle discontinued their pursuit to when Trooper Adams
observed the red BMW, based upon the speeds involved, Trooper
Adams had been sitting on the turnpike for roughly five to seven
minutes.
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Trial Court Opinion, 2/19/26, at 2-4 (citations omitted). At the conclusion of
the hearing, the trial court denied the motion to dismiss, emphasizing that
Cumberland County had discontinued their pursuit and concluding that
Bukhari “did have an opportunity once he was followed by troopers in York
County to stop and didn’t again. So, I see those as two separate crimes, and
so I’m going to deny the motion to dismiss.” N.T., 1/22/25, at 31.
On August 21, 2025, a stipulated bench trial was held. The parties
provided the trial court with the following stipulation of facts:
On November 20, 2023, Trooper Dylan Adams was on patrol, in
uniform, in a marked unit along with his partner, Trooper
McKnight. The troopers were on a traffic stop on 183 North at MM
39, Trooper McKnight informed Trooper Adams that PSP Carlisle
was currently in a pursuit on the PA Turnpike driving East of a red
BMW M4 bearing NJ registration D56SCE. The troopers left their
traffic stop and drove North on 183 to the PA Turnpike and
positioned their car on the right side of the roadway perpendicular
to the road. At that point, they were told PSP Carlisle discontinued
the pursuit due to losing sight of the vehicle.
The Trooper observed a red BMW m4 with a NJ registration pass
in front of his patrol vehicle in the left lane. Trooper Adams drove
into the right lane and initiated his emergency lights and siren to
conduct a traffic stop on the PA Turnpike at MM242 Fairview
Township, York County. The vehicle did not react to the
emergency equipment and sped up and a pursuit was initiated.
The Troopers pursued the vehicle and the vehicle sped up and
began to pull away from their patrol vehicle. Trooper Adams
looked at his calibrated speedometer and was driving at a speed
of 125MPH in an attempt to catch up to the vehicle.
Trooper McKnight radioed to PSP Harrisburg asking for assistance.
Trooper Lammer and Trooper Archulet positioned themselves on
the PA Turnpike at Mile Marker 247. They utilized spike strips on
the red BMW M4. It was a successful spike and the vehicle pulled
over at MM250. Upon reaching the location where the vehicle was
stopped. Trooper Adams observed it to be the same vehicle that
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passed him and Trooper McKnight at MM242, a red BMW M4
bearing NJ registration D57SCE, Trooper Adams confirmed this
was the same vehicle that fled from PSP Carlisle. The driver of the
vehicle was discovered to be the accused Syed Bukhari, by his NJ
OLN.
Stipulation of Facts, 8/22/25. Following a recitation of the charges and the
court’s review of the information, the court found Bukhari guilty of Counts 1
through 7. The court dismissed Count 8 for lack of an information on that
charge.
On November 21, 2025, the court sentenced Bukhari as follows:
• Count 1: 2 years’ probation, plus costs and a $500.00 fine
• Count 2: $200.00 fine, with court costs waived
• Count 3: merged with Count 2
• Count 4: $122.50 fine, with court costs waived
• Count 5: merged with Count 4
• Count 6: $25.00 fine, with court costs waived
• Count 7: $25.00 fine, with court costs waived
The court reiterated that Count 8 was previously dismissed. This timely appeal
followed.
Bukhari raises the following issue on appeal:
Did the [trial] court err in denying [] Bukhari’s motion to dismiss
pursuant to 18 Pa.C.S.[A.] §§ 109 or 110 where this case involved
the same lead charge, the same facts, and the same criminal
episode as a Cumberland County prosecution that Bukhari had
already resolved through a guilty plea?
Appellant’s Brief, at 4.
Bukhari first claims that his judgment of sentence should be reversed
on the fleeing or attempting to elude charge because Section 109 bars a
second prosecution based upon the same facts and “for a violation of the same
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provision of the statutes” as an earlier prosecution, where the first prosecution
resulted in a conviction that has not been reversed or vacated. 18 Pa.C.S.A.
§ 109(3). Specifically, Bukhari asserts that his prior prosecution in
Cumberland County resulted in a conviction, as he pled guilty to the same
lead charge−fleeing or attempting to elude−and that conviction has not been
reversed or set aside. See Appellant’s Brief, at 15.
Bukhari argues the only question for Section 109 purposes is whether
these charges are based on the “same facts.” Id. To this end, Bukhari argued
in his motion to dismiss that the prosecutions were based on the same facts
because “this was one continuous police pursuit” and both prosecutions “allege
that [Bukhari] was Fleeing and Eluding through the Commonwealth of
Pennsylvania on the same date, November 20, 2023, and roughly in the same
time period.” Motion to Dismiss, 11/8/24, at ¶ 20.
The trial court conversely concludes that the York County prosecution is
not based upon the same facts as Bukhari’s Cumberland County prosecution:
First, unlike Trooper Adams who, in his own pursuit of [Bukhari],
requested the assistance of Harrisburg PSP, Cumberland PSP did
not request assistance. Cumberland merely called out their pursuit
in conformity with policy. Second, Cumberland PSP discontinued
their pursuit approximately seven miles and five to seven minutes
prior to Trooper Adams sighting the red BMW. Third, [Bukhari]
sped up after Trooper Adams began his own independent pursuit.
[Bukhari] would not have needed to speed up except that he
decided to engage in a second pursuit. And, fourth, as we stated
at the time of the hearing, Cumberland discontinued their pursuit
and [Bukhari] chose not to stop a second time.
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Trial Court Opinion, 2/19/26, at 11 (citation omitted). The court further
acknowledged this Court’s decision in Commonwealth v. Bukhari, 747 MDA
2025 (Pa. Super. filed Dec. 17, 2025) (unpublished memorandum), in which
we rejected Bukhari’s constitutional double jeopardy challenge for offenses
charged in Franklin County that occurred on the same date as the offenses
charged in York and Cumberland County. As highlighted by the trial court, we
noted there that:
[] the Pennsylvania Supreme Court has held: “[w]hen a criminal
act has been committed, broken off, and then resumed, at
least two crimes have occurred and sentences may be imposed
for each...” Commonwealth v. Belsar, 676 A.2d 632, 634 (Pa
1996).
[Commonwealth v. Sheets, 302 A.3d 145, 153 (Pa. Super.
2023).]
Bukhari, 747 MDA 2025, at *4 (emphasis added). Using similar reasoning,
the court concluded that there was a break in time, albeit brief, from Bukhari’s
acts in Cumberland County and there were clear offenses that were separate
and apart from those committed by Bukhari in Cumberland County. See Trial
Court Opinion, 2/19/26, at 12. We find the court did not err in this conclusion.
As the court did not err in concluding the instant prosecution was not based
on the same facts as the prior prosecution, Section 109 did not bar this second
prosecution.
Next, “[w]here the relevant facts are undisputed, the question of
whether prosecution is barred by the compulsory joinder rule, 18 Pa.C.S.A. §
110, is subject to plenary and de novo review.” Commonwealth v. Brown,
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212 A.3d 1076, 1082 (Pa. Super. 2019) (citation omitted). The compulsory
joinder statute states, in pertinent part:
Although a prosecution is for a violation of a different provision of
the statutes than a former prosecution or is based on different
facts, it is barred by such former prosecution under the following
circumstances:
(1) The former prosecution resulted in an acquittal or in a
conviction as defined in section 109 of this title (relating to
when prosecution barred by former prosecution for the
same offense) and the subsequent prosecution is for:
…
(ii) any offense based on the same conduct or arising
from the same criminal episode, if such offense was
known to the appropriate prosecuting officer at the
time of the commencement of the first trial and
occurred within the same judicial district as the former
prosecution unless the court ordered a separate trial
of the charge of such offense or the offense of which
the defendant was formerly convicted or acquitted
was a summary offense or a summary traffic
offense[.]
18 Pa.C.S.A. § 110(1)(ii).
Section 110 offers statutory protection in the successive prosecution
scenario. The critical question in a successive prosecution claim is whether the
separate offenses are part of the same “criminal episode,” a term which “can
be amorphous and troublesome to apply.” Commonwealth v. Bracalielly,
658 A.2d 755, 761 (Pa. 1995). It is well-settled, however, that “charges which
are based upon the same conduct or arise from the same criminal episode or
transaction” must be consolidated for trial. Commonwealth v. Tarver, 357
A.2d 539, 540-41 (Pa. 1976). The Pennsylvania Supreme Court has set forth
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a four-part test to determine when section 110 bars a subsequent
prosecution:
(1) the former prosecution must have resulted in an acquittal or
conviction;
(2) the current prosecution is based upon the same criminal
conduct or arose from the same criminal episode as the former
prosecution;
(3) the prosecutor was aware of the instant charges before the
commencement of the trial on the former charges; and
(4) the current offense occurred within the same judicial district
as the former prosecution.
Commonwealth v. Fithian, 961 A.2d 66, 72 (Pa. 2008). “Each prong of this
test must be met for compulsory joinder to apply.” Id.
Here, Bukhari only disputes the second element: whether the offenses
were based on the same conduct or arose from the same criminal episode as
the Cumberland County offenses for which Bukhari had already pled guilty.
“To determine whether various acts constitute a single criminal episode,
a court must consider the logical relationship and the temporal relationship
between the acts.” Commonwealth v. Spotz, 759 A.2d 1280, 1285 (Pa.
2000) (citations omitted). Courts have recognized that although the
relationship between the timing of actions is often determinative, “in defining
what acts constitute a single criminal episode, not only is the temporal
sequence of events important, but also the logical relationship between the
acts must be considered.” Commonwealth v. Reid, 77 A.3d 579, 582 (Pa.
2013) (citation omitted).
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Offenses are logically related when “there is a substantial duplication of
factual, and/or legal issues presented by the offenses.” Id. (citation omitted).
Whether there is substantial duplication of fact and law “depends ultimately
on how and what the Commonwealth must prove in the subsequent
prosecution.” Id. at 585. For example, there would be substantial duplication
“if the Commonwealth's case rests solely upon the credibility of one witness
in both prosecutions” and there would not be substantial duplication if proof
requires “the introduction of the testimony of completely different police
officers and expert witnesses as well as the establishment of separate chains
of custody.” Id. (citations omitted.)
Here, the trial court concluded there was no logical relationship between
the offenses, reasoning as follows:
As we have already acknowledged, there was no great gap in time
between [Bukhari]’s Cumberland crimes and his York County
crimes; however, there was a seven mile and five-to-seven-
minute break between Cumberland breaking off pursuit and
[Bukhari]’s separate crimes in York County. [Bukhari] sped up to
evade troopers from a separate barracks in a separate county
after he had already completed his evasion of the separate PSP
troopers in Cumberland County. Thus, there were different
witnesses in each case. [Bukhari]’s Cumberland case involved PSP
troopers from a different barracks who observed [Bukhari]’s
actions in Cumberland County before discontinuing their pursuit.
The crimes occurred in different locations. There was no logical
relationship between the acts.
Trial Court Opinion, 2/19/26, at 14-15. We agree with the trial court. Although
the minimal separation between Bukhari’s criminal acts may suggest a
temporal relationship between the conduct at issue in each prosecution, a
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closer review indicates there was no logical relationship between the acts. As
the trial court found, once Cumberland County discontinued their pursuit, and
Bukhari entered York County, he had the full opportunity to stop. However,
he chose not to, and instead chose to commit new crimes in a different county.
We do not find the trial court abused its discretion in finding two separate
criminal episodes had occurred. Moreover, there was little, if any, duplication
of the witnesses necessary to support the respective convictions. While
Trooper Adams, of the PSP, testified regarding the chain of events in York
County, the officers that responded to the offenses committed in Cumberland
County would have had to testify to those events.
As we find the court did not err in concluding the prosecutions did not
entail a single criminal episode, compulsory joinder was not required here.
For the reasons above, Bukhari’s issue merits no relief, and we affirm
his judgment of sentence.
Judgment of sentence affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 11/06/2026
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