Com. v. Nelson, K.
CourtSuperior Court of Pennsylvania
Date FiledOctober 27, 2026
Docket2896 EDA 2025
JudgeOlson
StatusUnpublished
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Full Opinion
J-S37006-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KHALIL NELSON :
:
Appellant : No. 2896 EDA 2025
Appeal from the Order Entered October 30, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0001174-2022
BEFORE: OLSON, J., STABILE, J., and KUNSELMAN, J.
MEMORANDUM BY OLSON, J.: FILED OCTOBER 27, 2026
Appellant, Khalil Nelson, appeals from the order entered on October 30,
2025, which denied his petition filed under the Post Conviction Relief Act, 42
Pa.C.S.A. §§ 9541-9546. We affirm.
As previously explained:
In January 2022, Police Officer Duane Wright (“Officer
Wright”) was conducting surveillance in the area when he saw
[Appellant] exit an apartment complex and cross to the south
side of the street. [Appellant] reached into the front of his
waistband, stooped down, and placed a gun curbside near the
tire of an unoccupied minivan. Afterwards, [Appellant]
continued walking westbound. Officer Wright radioed for
back-up officers to stop [Appellant,] and he was arrested.
The firearm was retrieved from the location by Officer Ryan
Wong and subsequently determined to be a loaded Glock 22
with a laser on the bottom of the barrel.
J-S37006-26
Commonwealth v. Nelson, 321 A.3d 968 (Pa. Super. 2024)
(non-precedential decision) (corrections omitted), quoting Trial Court Opinion,
11/30/23, at 2.
Following a bench trial, Appellant was convicted of persons not to
possess a firearm, carrying a firearm without a license, and carrying a firearm
on a public street in Philadelphia.1 On December 20, 2022, the trial court
sentenced Appellant to serve an aggregate term of six to 12 years in prison
for his convictions. We affirmed his judgment of sentence on May 20, 2024
and the Pennsylvania Supreme Court denied his petition for allowance of
appeal on September 24, 2024. Commonwealth v. Nelson, 321 A.3d 968
(Pa. Super. 2024) (non-precedential decision), appeal denied, 326 A.3d 814
(Pa. 2024).
On January 13, 2025, Appellant filed a timely, pro se PCRA petition and
the PCRA court later appointed counsel to represent Appellant during the
proceedings. Within the amended petition, Appellant claimed:
[1.] Trial counsel was ineffective for failing to appeal the
denial of the post-sentence motion that the verdict was
against the weight of the evidence.
[2.] Trial counsel was ineffective for failing to properly advise
[Appellant] on his right to testify.
[3.] Trial counsel was ineffective for failing to adequately
advise [Appellant] on waiving his right to a jury trial.
____________________________________________
1 18 Pa.C.S.A. §§ 6105(a)(1), 6106(a)(1), and 6108, respectively.
-2-
J-S37006-26
[4.] Trial counsel was ineffective for failing to request DNA
taken from the recovered gun that would prove that
[Appellant] never possessed the firearm.
Amended PCRA Petition, 5/8/25, at 3.
The PCRA court held a hearing on Appellant’s claims and, at the
conclusion of the hearing, the PCRA court denied Appellant post-conviction
collateral relief. See N.T. PCRA Hearing, 10/30/25, at 60. Appellant filed a
timely notice of appeal. He raises the following claims on appeal:
1. Trial counsel was ineffective for failing to appeal the denial
of post-sentence motion that the verdict was against the
weight of the evidence.
2. Trial counsel was ineffective for failing to properly advise
Appellant on his right to testify.
3. Trial counsel was ineffective for failing to adequately
advise Appellant on waiving his right to a jury trial.
4. Trial counsel was ineffective for failing to request DNA
taken from the recovered gun that would prove that
[Appellant] never possessed the firearm.
Appellant’s Brief at 9.
We have reviewed the briefs of the parties, the relevant law, the certified
record, and the opinion of the able PCRA court judge, the Honorable Roxanne
E. Covington. We conclude that Appellant is not entitled to relief in this case,
for the reasons expressed in Judge Covington’s well-reasoned, December 18,
2025 opinion. Therefore, we affirm on the basis of Judge Covington’s able
opinion and adopt it as our own. In any future filing with this or any other
court addressing this ruling, the filing party shall attach a copy of Judge
Covington’s December 18, 2025 opinion.
-3-
J-S37006-26
Order affirmed. Jurisdiction relinquished.
Date: 10/27/2026
-4-
Circulated 10/06/2026
Circulated 04:10
10/06/2026 PMPM
04:10
ININ THECOURT
THE COURT OFOF COMMON
COMMON PLEAS
PLEAS
FIRST
FIRST JUDICIAL
JUDICIAL DISTRICT
DISTRICT OF
OF PENNSYLVANIA-
PENNSYLVANIA PHILADELPHIA
- PHILADELPHIA
TRIAL
TRIAL DIVISION
DIVISION -- CRIMINAL
CRIMINAL SECTION
SECTION
COMMONWEALTHOF
COMMONWEALTH OFPENNSYLVANIA
PENNSYLVANIA SUPERIOR
SUPERIORCOURT
COURTDOCKET
DOCKET
2896
2896EDA
EDA2025
2025
v.
COURT
COURTOF
OFCOMMON
COMMONPLEAS
PLEAS
KHALILNELSON
KHALIL NELSON CP-51-CR-0001174-2022
CP-51-CR-0001174-2022
I. I. PROCEDURALHISTORY
PROCEDURAL HISTORY
KhalilNelson
Khalil Nelson(hereinafter
(hereinafter"Appellant") wasarrested
"Appellant")was arrestedononJanuary 27,2022,
January27, 2022,and
andcharged
charged
withthe
with thefollowing:
following:Possession
PossessionofofFirearm
FirearmProhibited
Prohibited(Fl),
(Fl),Firearms
FirearmsNot
NottotobebeCarried
CarriedWithout
Withouta a
License(F3),
License andCarrying
(F3),and FirearmsononPublic
CarryingFirearms PublicStreets
StreetsininPhiladelphia
Philadelphia(MI).
(MI).' Appellant proceeded
1Appellant proceeded
totoa awaiver
waivertrial
trialononOctober
October18,
I 8,2022,
2022,and
andwas
wasfound
foundguilty
guiltyofofallallcharges. OnDecember
charges.On December20,
20,2022,
2022,
Appellant was
Appellant was sentenced
sentenced toto 66 toto 1212 years state incarceration.
years state incarceration. Appellant
Appellant's Motion for
s Motion for
Reconsiderationfiled
Reconsideration filedon
onDecember
December29,
29,2022,
2022,was
wasDenied
Deniedby
byOperation ofLaw
Operationof Lawon
onMay
May3,3,2023.
2023.
Appellant filedhis
Appellantfiled hisfirst
firstNotice
Noticeof
ofAppeal onMay
Appealon May22,
22,2023,
2023,and
andthe
theSuperior
SuperiorCourt
Courtaffirmed
affirmedthe
the
trial court's sentence on May 20, 2024.
trial court’s sentence on May 20, 2024.
,
On January
On January 13,
13, 2025,
2025, Appellant
Appellant filed
filed aaprose Post-Conviction Relief
pro-se Post-Conviction ReliefAct
ACt ("PCRA")
("PCRA")
Petition, later
Petition, later amended
amended on
on May
May 8,8, 2025.
2025. Following
Following an
anevidentiary
evidentiary hearing on October
hearing on October 30,
30, 2025,
2025,
thecourt
the courtdismissed
dismissed Appellant’s claims. This
Appellant's claims. ThisNotice
Notice of
ofAppeal followed.
Appealfollowed.
Instantly, Appellant
Instantly, raisesthe
Appellant raises the following
following issue(s)
issue(s) on
on appeal:
appeal:
1.. Trial
1 Trial counsel
counsel was
was ineffective
ineffective for
for failing
failing to
to appeal the denial
appeal the denial of
ofpost-sentence
post-sentence motion
motion that
that
the verdict was against the weight of the evidence. (see amended PCRA
the verdict was against the weight of the evidence, (see amended PCRA petition filed petition filed
5/8/25, p.12-13)
5/8/25, At the
p.12-13) At the evidentiary
evidentiary hearing
hearing held
held October
October 30,
30, 2025,
2025, Mr.
Mr. Nelson
Nelson testified
testified
that he
that he was
was adamant
adamant that
that he
he told
told Mr.
Mr. Silver
Silver he
he wanted
wanted an
an appeal.
appeal. ksbb er
FIL.ED
'18 $6105 $& Al; 18 $ 6106 $$ AI; and 18 $ 6108, respectively. DEC
DEC 11 88 2025
2025
1 18 §6105 §§ Al; 18 §6106 §§ Al; and 18 § 6108, respectively.
Appeals/Post
Appeals/Post Trial
Trial
Ofic~ of
Office of Jutte
Ju~cal Recwfe
ecord%
Trial
2 2.Trial counsel
counsel was
was ineffective
ineffective forfor
failing to to
failing properly
properly advise
advise Petitioner
Petitioner ononhishis
right to to
right testify.
testify,
(see amended PCRA petition filed 5/8/25,
(see amended PCRA petition filed 5/8/25, p. 1 p.13-15). At the evidentiary hearing Mr.
3-1 5). At the evidentiary hearing Mr. Nelson Nelson
testified truthfully that he was not properly
testified truthfully that he was not properly advised advised onon
hishis right
right to to testify.
testify.
Trial
3.3.Trial counsel
counsel waswas ineffective
ineffective forfor failing
failing to to adequately
adequately advise
advise Petitioner
Petitioner onon waiving
waiving hishis right
right
to toa jury
a jurytrial,
trial.(see
(seeamended
amendedPCRA PCRApetition filed5/8/25,
petitionfiled 5/8/25,p.15-17).
p.15-17).AtAtthetheevidentiary
evidentiary
hearing it is clear from Mr. Nelson's testimony that he did not
hearing it is clear from Mr. Nelson’s testimony that he did not understand the reasonunderstand the reasonforfor
notnothaving a jurytrial.
havinga jury trial.HeHealso
alsosaid
saidhehequestioned
questionedHer HerHonor
Honorononwhether
whetherif ifhehewas
was
convicted his sentence would be less if he opted to forgo
convicted his entence would be less if he opted to forgo a jury trial. a jury trial.
Trialcounsel
4. 4. Trial counselwaswasineffective
ineffectiveforforfailing to to
failing request DNAtaken
requestDNA from
takenfrom recoveredgun
thetherecovered gun that
that
would provethat
wouldprove thatthethePetitioner
Petitionernever
neverpossessed
possessedthethefirearm,
firearm.(see
(seeamended
amendedPCRA PCRApetition
petition
filed 5/8/25,
filed 5/8/25, p. 1p.17) At the evidentiary hearing, Mr. Nelson testified truthfully
7) At the videntiary hearing, Mr. Nelson testified truthfully that he asked that he asked
his counsel to get the DNA which would prove that he did
his counsel to get the DNA which would prove that he did not touch the gun. not touch the gun.
See 1925(b) Statement.
See 1925(b) Statement.
AsAsdiscussed
discussedbelow,
below,allallclaims
claimsare
arewithout
withoutmerit.
merit.Accordingly,
Accordingly,nonorelief
reliefisisdue.
due.
II. FACTS
II. FACTS
OnJanuary
On 26,2022,
January26, 2022,atatapproximately 2:45PM,
approximately2:45 PM,Police
PoliceOfficer
OfficerDwayne
DwayneWhite
White(hereinafter
(hereinafter
"Officer White")
"Officer was conducting
White") was surveillance inin the
conducting surveillance the area
area ofof6000
6000 Landsdowne
Landsdowne Avenue,
A venue,
Philadelphia, PA,when
Philadelphia,PA, whenhehesaw
sawthe
theAppellant exitananapartment
Appellantexit apartmentcomplex
complexand
andcross
crosstotothe
thesouth
south
sideofofthe
side thestreet.
street.Appellant reachedinto
Appellantreached intothe
thefront
frontofofhis
hiswaistband,
waistband,stooped
stoopeddown,
down,and
andplaced
placedaa
gun curbsidenear
guncurbside nearthe
thetire
tireof
ofan
anunoccupied
unoccupiedminivan.
minivan. Afterwards,
Afterwards,Appellant continuedwalking
Appellantcontinued walking
westboundon
westbound onLandsdowne
LandsdowneAvenue.
Avenue.Officer
OfficerWhite
Whiteradioed
radioedback-up
back-upofficers
officerstotostop
stopAppellant and
Appellantand
hewas
he wasarrested.
arrested.Notes
Notesof
ofTestimony (hereinafter"N.T."),
Testimony(hereinafter "N.T."), 10/18/2022,
10/18/2022,atat 13-19.
13-19. The
Thefirearm
firearmwas
was
retrievedfrom
retrieved from the
the location
location by Officer Wong
by Officer Wong and
and subsequently
subsequently determined
determinedtoto be
be aa loaded
loaded Glock
Glock
22 with
22 with aa laser
laser on
on the
the bottom
bottom of
ofthe
the barrel. Id atat 16-25.
barrel. Id. 16-25. The
The parties
parties stipulated
stipulated Appellant
Appellant was
was
ineligible to possess a firearm. Id at 40.
ineligible to possess a firearm. Id. at 40.
22
III. DISCUSSION
in. DISCUSSION
Appellant
Appellant alleges
alleges hishis trial
trial counsel
counsel waswas ineffective
ineffective hishis
forfor failure to:to:
failure (1)(1) appeal
appeal thethe denial
denial
of of post-sentence
post-sentence motion;
motion; (2)(2).advise
advise Appellant hishis
onon
Appellant rights
rights to to
testify andand
testify waive
waive a jury
a jury trial,
trial, (3)(3)
andand
request
request DNA
DNA results
results from
from thethe recovered
recovered firearm.
firearm. SeeSee 1925(b)
1925(b) Statement.
Statement. These
These areare
claims
claims wholly
wholly
unsupported by the record.
unsupported by the record.
A. Standard of Review-- Post-Conviction Relief Act
A. Standard of Review - Post-Conviction Relief Act
"Our
“Our standardofof
standard review
review forforananorder
order denying
denying post-conviction
post-conviction relief
relief whether
limitedto towhether
is islimited
thethetrial
trialcourt's
court'sdetermination
determinationis issupported
supportedbybyevidence
evidenceofof recordand
record andwhether
whetherit itis isfree
freeofof legal
legal
error.Commonwealth
error. v.
Commonwealthv. Allen, 732A.2d
Allen,732 A.2d582,
582,586
586(Pa.
(Pa.1999);
1999);See
SeeCommonwealth
Commonwealthv. Crumbley,
Crumbley, v.
270A.3d
270 A.3d1171,
1171,1179
1179(Pa.
(Pa.Super.
Super.Ct.Ct.2022). "[TheAppellate]
2022).“[The Court'scope
Appellate]Court's scopeofofreview
review is islimited
limitedtoto
thefindings
the findingsofofthe
thePCRA
PCRAcourt...
court...viewed
viewedininthe
thelight
lightmost
mostfavorable
favorabletotothe
theprevailing
prevailingparty.”
party."
Commonwealthv »Hammond,
Commonwealth 953A.2d
Hammond,953 A.2d544,
544,556
556(Pa.
(Pa.Super. Ct.2008).
Super.Ct. 2008).“To
"Toplead andprove
pleadand prove
ineffectiveassistance
ineffective assistanceofofcounsel
counsela apetitioner
petitionermust
mustestablish:
establish:(1) thatthe
(1)that theunderlying issuehas
underlyingissue has
arguablemerit;
arguable merit;(2)
(2)counsel's
counsel'sactions
actionslacked
lackedananobjective
objectivereasonable
reasonablebasis;
basis;and
and(3) actualprejudice
(3)actual prejudice
resultedfrom
resulted fromcounsel's
counsel'sact
actororfailure
failuretotoact.”
act."Commonwealth,
Commonwealth.v.».Stultz, 114A.3d
Stultz,114 A.3d865,
865,880
880(Pa.
(Pa.
Super. Ct. 2015).
Super. Ct. 2015).
Prejudice existswhere
Prejudiceexists where“there
"thereisisaareasonable
reasonableprobability that,but
probabilitythat, butfor
forcounsel's