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Commonwealth v. Ayala

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�1 Appellant, Hector Luis Ayala, appeals from his judgment of sentence entered following his conviction for possession of a controlled substance (cocaine). *fn1 After review, we vacate the judgment of sentence and remand for a new trial.

�2 The facts of the case, which are not in dispute, as they have been gleaned from the trial court’s opinion and the certified record in this matter are as follows: On July 14, 2000, at 7:56 a.m. in the City of York, Officer Blymire of the York City Police Department received a call from his dispatcher which related that an anonymous individual, who identified himself as a resident of 39 East College Avenue, had telephoned and indicated that there were two Hispanic men, one of whom was carrying a handgun, in a red Honda coupe parked in front of 39 East College Avenue. N.T. Suppression Hearing, 11/27/2000, at 6, 14.

The anonymous caller had specifically stated that the driver of the car was the man holding or possessing the gun. The caller described this individual as a Hispanic male wearing a white t-shirt, glasses and having a short haircut. Id. at 6, 16. The caller described the passenger of the Honda as a Hispanic male with bushy black hair, but the caller did not indicate that the passenger was in possession of a gun. Id. at 16. The caller also gave the license plate number of the red Honda. Id. at 7. The address of 39 East College Avenue was an apartment building “close to” the south side of York City. Id. at 6-7. Officer Blymire testified that the south side of York City was an area in which there was “a significant amount of drug activity.” Id. at 6.

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