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COMMONWEALTH PENNSYLVANIA v. FREDERICK L. SPLAIN (09/27/76)

decided: September 27, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
FREDERICK L. SPLAIN, APPELLANT



Appeal from the Judgment of Sentence imposed July 16, 1975, of the Court of Common Pleas, Criminal, of Luzerne County, at No. 2510, 1974. No. 1942 October Term, 1975.

COUNSEL

John J. Thomas, Asst. Public Defender, Wilkes-Barre, for appellant.

John J. Gill, Jr., Asst. Dist. Atty., Wilkes-Barre, for appellee.

Watkins, President Judge, and Jacobs, Hoffman and Cercone, JJ.

Author: Jacobs

[ 242 Pa. Super. Page 504]

On October 28, 1974, appellant was stopped for speeding. When he was asked for his operator's license and registration he informed the state trooper that he did not have his wallet with him, and then gave the state trooper a false name and address. A citation for speeding was issued in the name the appellant had given, and the appellant was directed to produce his operator's license and registration within 48 hours. Three or four days after this incident, appellant went to a state police substation and gave the state trooper his correct name and address. At this time, he also revealed that his driver's license had been suspended. A new citation, issued in the appellant's correct name, charging the appellant with a summary offense for speeding, and a criminal complaint, charging the appellant with a misdemeanor for

[ 242 Pa. Super. Page 505]

"operating a motor vehicle driving under suspension,"*fn1 were filed with the district magistrate.*fn2

A preliminary hearing on the charge of "operating during suspension" was held before the district magistrate on December 12, 1974, at which time the Commonwealth established a prima facie case, and the appellant was held for the grand jury.*fn3 Both the speeding charge

[ 242 Pa. Super. Page 506]

    and the "operating" charge were before the district magistrate at the time of this hearing. See note 2 supra.*fn4

Under letter from the district magistrate dated December 16, 1974, the appellant was advised that there was "pending against" him a speeding violation "occurring on October 28, 1974," and that a fine plus costs must be paid within 10 days or a warrant would be issued for the appellant's arrest. The appellant paid the fine on December 26th, 1974,*fn5 thereby pleading guilty*fn6 to the summary offense of speeding.

On January 6, 1975 the grand jury returned an indictment charging the offense of "operating a motor vehicle during suspension." At the arraignment, on January 20, 1975, the appellant, ...


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