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ROBERT DWIGHT EPPS v. COMMONWEALTH PENNSYLVANIA (02/13/74)

decided: February 13, 1974.

ROBERT DWIGHT EPPS, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Commonwealth of Pennsylvania v. Robert Dwight Epps, No. 11696 of 1972.

COUNSEL

Lawrence G. Strohm, Jr., with him Donald S. Guthrie and Jones, Purdy & Guthrie, for appellant.

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 11 Pa. Commw. Page 545]

The Secretary of Transportation (Secretary) notified Robert Dwight Epps (Epps) that five points had

[ 11 Pa. Commw. Page 546]

    been assigned to his record because of a violation of Section 1028(a) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1028(a), and, since this brought his total point accumulation to fourteen points, that his operator's license was suspended for sixty days as mandated by Section 619.1, subsections (i) and (k), 75 P.S. § 619.1(i) and (k).

Epps has appealed from an order of the Court of Common Pleas of Delaware County dismissing his appeal from the Secretary's suspension of his operator's license. Whether the sixty-day suspension should stand depends on whether, under Section 619.1(i), Epps' "record shows an accumulation of eleven (11) points or more." On the record before us, we must conclude that the Commonwealth proved only an accumulation of nine points and, therefore, Epps' suspension must be set aside.

At the hearing before the court below the Commonwealth merely offered five exhibits for introduction into evidence. Three of these exhibits pertained to purported convictions of Epps and were the basis of the Secretary's computation of points assigned to Epps' record. Epps' attorney objected to the admission of two of these three exhibits but his objections were overruled and Epps' appeal was dismissed.

Commonwealth's Exhibit No. 1 is a copy of a Commonwealth MC JPCr O1 form, revised 7-70, the front of which is a traffic citation providing space for pertinent information concerning the alleged traffic violation and the purported violator. None of this accusing and identifying information is in question here. The reverse side contains a form of affidavit which becomes applicable under Rule 134(4) of the Pennsylvania Rules of Criminal Procedure.*fn1

[ 11 Pa. Commw. Page 547]

However, the remaining portion of the reverse side of the form is important. It is captioned "Certification of Disposition" and thereunder are two columns, one headed "Adjudication" and the other "Sentence." Under the column headed "Adjudication" is the directive to "circle appropriate code." Under this appears the following:

"Non-appearance:

Paid Fine & ...


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