Com. v. Terrell, S.
CourtSuperior Court of Pennsylvania
Date FiledOctober 27, 2026
Docket1633 EDA 2025
JudgeBender
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
SHAJUAN TERRELL :
:
Appellant : No. 1633 EDA 2025
Appeal from the Judgment of Sentence Entered May 23, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0004930-2024
BEFORE: PANELLA, P.J.E., LANE, J., and BENDER, P.J.E.
MEMORANDUM BY BENDER, P.J.E.: FILED OCTOBER 27, 2026
Appellant, Shajuan Terrell, appeals from the judgment of sentence
imposed following his conviction for a violation of the Uniform Firearms Act
(VUFA). On appeal, Appellant argues that the trial court erred in allowing the
Commonwealth to present evidence that he provided false information
concerning his identity prior to his arrest. We affirm.
By way of background, the trial court explained:
On June 5, 2024, Southeastern Pennsylvania Transit Authority
(SEPTA) Police Officer Dennis Gonzalez (hereinafter “Officer
Gonzalez”) was working at the 3200 block of Kensington Avenue
at the Allegheny Station with his partner Officer Amos. Notes of
Testimony (hereinafter “N.T.”) 03/11/2025, at 43-44. At
approximately 7:00 pm, Officers Gonzalez and Amos received a
“Be on the Lookout” (BOLO) alert for Appellant. Id. at 44-45. The
officers encountered Appellant on the westbound platform of
Allegheny Avenue. Id. at 45. Officer Gonzalez asked Appellant
to provide identification, at which point Appellant claimed to not
have an ID on hand. Id. at 48. Appellant provided a false name
of Aaron Johnson and a false birth date of March 7, 1993. Id. at
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49-50. The officers detained Appellant for fingerprinting after
failing to confirm his identity upon checking the name and
birthdate in NCIC [(National Crime Information Center)] and PCIC
[(Philadelphia Crime Information Center)]databases. Id. at 50.
The officers conducted a safety frisk [of] Appellant for weapons
and found a social security card reflecting his actual name before
he was placed into the police vehicle. Id. at 51. A search warrant
was obtained for Appellant’s bookbag, and Officer Amos recovered
a Smith & Wesson 9-millimeter handgun. Id. at 53-72.
On June 6, 2024, Appellant refused a DNA swab for comparison
to the DNA on the recovered firearm. N.T. 03/12/2025, at 8-9.
The parties stipulated to Appellant’s prior conviction for robbery
that prohibited him from possessing a firearm. Id. at 20. The
parties further stipulated that the recovered firearm was operable
at the time of Appellant’s arrest. Id. at 20.
Trial Court Opinion (TCO), 8/25/26, at 2-3.
Thereafter, the trial court explained:
On June 5, 2024, [Appellant], was arrested and charged with
possession of firearm prohibited (F1); firearms not to be carried
[without a] license (F3); carry firearms public in [Philadelphia]
(M1); and false identification to law enforcement officer (M3).
With the exception of possession of firearm prohibited (F1), all
charges were nolle prossed prior to trial. On December 13, 2024,
Appellant filed a motion in limine to preclude evidence of the false
name he gave to the police. On March 11, 2023, the matter
proceeded to [a] jury trial. The court denied Appellant’s motion
in limine and on March 12, 2025, Appellant was found guilty of
possession of firearm prohibited (F1). On May 23, 2025, Appellant
was sentenced to a term of 6 1/2 to 13 years of state
incarceration.
Id. at 1.
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Appellant subsequently filed a timely notice of appeal and a Pa.R.A.P.
1925(b) statement. The trial court issued a Rule 1925(a) opinion addressing
Appellant’s claims.1
On appeal, Appellant raises the following claim for review:
Did the trial court err in denying Appellant’s motion in limine and
permitting the introduction of evidence that Appellant gave a false
name and date of birth to the police, and then also err and
exacerbate its original error by instructing the jury that such
evidence could be deemed to be consciousness of guilt for the
charged crime?
Appellant’s Brief at 2 (some formatting altered).
We review a trial court’s denial of a motion in limine for an abuse of
discretion. See Commonwealth v. Brown, 200 A.3d 986, 991 (Pa. Super.
2018). An abuse of discretion “is not merely an error of judgment, but if in
reaching a conclusion the law is overridden or misapplied, or the judgment
exercised is manifestly unreasonable, or the result of partiality, prejudice, bias
or ill-will, as shown by the evidence or the record, discretion is abused.”
Commonwealth v. Walker, 92 A.3d 766, 772-73 (citation omitted).
Here, the trial court explained:
Under Pennsylvania Rule of Evidence 401, the threshold inquiry
with admission of evidence is whether the evidence is relevant.
Pa.R.E. 401. Evidence is considered relevant if it has any
tendency to make a fact more or less probable than it would be
____________________________________________
1 We note that although Appellant raised an additional issue in his Rule
1925(b) statement, he did not include that claim in his brief. Therefore, that
claim is abandoned for purposes of appeal. See Pa.R.A.P. 2116(a); see also
Commonwealth v. Felder, 247 A.3d 14, 20 (Pa. Super. 2021) (stating that
“an issue identified on appeal but not developed in the appellant’s brief is
abandoned and, therefore, waived” (citation and emphasis omitted)).
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without the evidence and is of consequence in determining the
action. Id. The court may exclude relevant evidence if its
probative value is outweighed by a danger of unfair prejudice,
confusing the issues, misleading the jury, undue delay, wasting
time, or needlessly presenting cumulative evidence. Pa. R.E. 403.
“Unfair prejudice means a tendency to suggest decision on an
improper basis or to divert the jury’s attention away from its duty
of weighing the evidence impartially.” Commonwealth v.
Green, 271 A.3d 393, 402 (Pa. Super. 2021).
Generally, evidence of other crimes, wrongs, or other acts is
inadmissible merely to prove a defendant’s bad character or
criminal propensity. Pa. R.E. 404(b). Pennsylvania courts have
recognized proof of consciousness of guilt as an exception to Rule
404(b). Commonwealth v. Carter, 320 A.3d 140, 148 (Pa.
Super. 2024). “When a person commits a crime, knows that he
is wanted[,] and flees or conceals himself, such conduct is
evidence of consciousness of guilt and may form the basis of a
conviction in connection of other proof from which guilt may be
inferred. Id. at 149 [(citation omitted)].
Here, Appellant was the subject of BOLO alert, and when asked to
provide identification to police, he gave a false name and
birthdate. N.T. 3/11/25, at 53-72. Appellant’s concealment of his
identity was relevant evidence because it supported a reasonable
inference regarding the existence of a material fact, namely that
he was aware of his existing warrant. Carter, 320 A.3d at 149.
Further, Appellant was prohibited from possessing a firearm due
to his prior armed robbery conviction. N.T. 03/12/2025 at 20.
Despite this, Appellant was carrying an operable handgun in his
bag when he was stopped by police. Id. This was sufficient
evidence to infer that Appellant was aware he was breaking the
law. Thus, the court properly denied the motion under
Pennsylvania law.
In lieu of the above considerations, Appellant’s assertions that the
court erred in denying Appellant’s motion in limine are meritless.
TCO at 3-4 (some formatting altered).
Following our review of the record, the parties’ briefs, and the trial
court’s opinion, we discern no abuse of discretion by the trial court. See
Brown, 200 A.3d at 991. As noted by the trial court, Appellant’s attempt to
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conceal his identity was relevant to demonstrate consciousness of guilt and
that the relevance of that evidence outweighed the danger of unfair prejudice.
See TCO at 3-5; see also Green, 271 A.3d at 402; Carter, 320 A.3d at 148.
Therefore, we affirm based on the trial court’s analysis of this issue. See TCO
at 3-4.
Judgment of sentence affirmed.
Date: 10/27/2026
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