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COMMONWEALTH v. CLARK (03/29/76)

decided: March 29, 1976.

COMMONWEALTH
v.
CLARK, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Montgomery County, Oct. T., 1972, No. 479, in case of Commonwealth of Pennsylvania v. Bruce Clark.

COUNSEL

Calvin S. Drayer, Jr., Assistant Public Defender, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Watkins, P. J.

Author: Watkins

[ 238 Pa. Super. Page 520]

This is an appeal from the judgment of sentence of the Court of Common Pleas of Montgomery County, Criminal Division, by the defendant-appellant, Bruce Clark, after conviction by a jury of assault and battery and assault by a prisoner.

[ 238 Pa. Super. Page 521]

The defendant was charged after an incident at Graterford State Correctional Institution on September 20, 1972. He was arrested on October 3, 1972, indicted on January 8, 1973 and tried by a jury on July 3, 8 and 9 of 1974. He was sentenced to two and a half to six years in prison. A demurrer was sustained on the charge of holding a hostage.

The defendant's first contention of error is that the twenty-two month delay from the time of the arrest to the time of his trial constituted a violation of his Sixth Amendment right to a speedy trial. This case preceded the applicability of Rule 1100 since the arrest took place in 1972. Thus the standard set forth in Commonwealth v. Hamilton, 449 Pa. 297, 297 A.2d 127 (1972) is applicable. Hamilton held that several factors are to be considered in determining whether an accused's right to a speedy trial has been violated, namely, (1) the length of the delay, (2) the reasons for the delay, (3) the defendant's assertions of his right to be tried, and (4) the prejudice to the accused. In the instant case the Commonwealth waited until a co-defendant could be tried jointly with the defendant for the sake of judicial expediency. The delay was for far less than the six-year delay in Hamilton and the accused did not actively assert his right to be tried. His main contention as to prejudice is that his rehabilitation while in prison was hampered by the fact that he was unsure of the outcome of the case pending against him. This is not sufficient prejudice so as to require a reversal of his conviction as the defendant has not shown how his trial was prejudiced in any manner by the delay. Therefore this argument is meritless.

The defendant also contends that his right not to be placed in double jeopardy was also violated, since, after the incident for which he was arrested, he was treated more severely in prison than he had been prior to the incident. He reasons that because he was treated more

[ 238 Pa. Super. Page 522]

    severely he has already been punished for his crimes and that any additional punishment would violate his right not to be punished twice for the same crime. Administrative sanctions imposed by prison authorities after a defendant's apprehension in connection with the commission of a crime are not a bar to a subsequent prosecution for the crime in a court of convenient jurisdiction. United States v. Stuckey, 441 F.2d 1104 (3d Cir. 1971), cert. denied, 404 U.S. 841 (1971). Therefore the defendant's double jeopardy contention is devoid of merit.

The defendant also claims that an ice pick-like knife entered as a Commonwealth exhibit which the defendant had used in his assault on a prison guard should have been excluded as evidence because it was not properly identified. However, the exhibit was clearly described by ...


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