No. 45 March Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Dauphin County, at Nos. 822-824 Criminal Division 1975.
Philip D. Freedman, Assistant Public Defender, Harrisburg, for appellant.
Marion E. MacIntyre, Second Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, Harrisburg, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Van der Voort, J., concurs in the result. Price, J., dissents.
[ 250 Pa. Super. Page 159]
Appellant raises three allegations: (1) the Commonwealth violated Rule 1100*fn1 when it brought him to trial 181 days after the issuance of the complaint; (2) the court erred in failing to direct a verdict of acquittal on a charge of corruption of a minor*fn2 because the minor was a prostitute; and (3) the court erred in permitting the Commonwealth to impeach appellant by introducing his record of prior convictions. We find that appellant is not entitled to discharge on the basis of Rule 1100(f) or on the basis of insufficient evidence on the charge of corruption. However, the lower court erred in allowing the Commonwealth to introduce appellant's criminal record and, therefore, we vacate the judgment of sentence and remand for a new trial.
The charges involved in the instant appeal arose out of a March 19, 1975 incident in Harrisburg. At trial, Daniel Boltz testified on behalf of the Commonwealth that on March 19, after an evening of drinking, he was approached by appellant who requested a ride. After riding several blocks, "we stopped the car and he called to several girls on the corner. I said, hi, I was going to drop him off, I wanted
[ 250 Pa. Super. Page 160]
to go. He said -- he called them over and one or two of the girls came over and looked in the car and said man, forget it, which was fine as I said, I was on the way home. He said, well, do me a favor. Drop me at Lester's which is back on Third Street." Despite protests by Boltz at trial that he wanted to leave, Boltz waited at Lester's Cafe while appellant went into the bar and returned with Patricia Mancuso, a juvenile: "[Appellant] said, I'll drive, why don't you get in the back seat. I said, I don't want to, I'm on my way home. He said, yes, take a ride so we took a ride and ended up in the area of HACC."*fn3
Still unwilling to get involved, Boltz finally acquiesced:
"A. Mr. Sampson said, hey look, I brought her along, why don't you two get together. I said, no, I want to leave. So the conversation started concerning how much Miss Mancuso would work for and we argued back and forth and she never said anything that I can remember. The conversation was made between Mr. Sampson and myself. At this point I figured that the only way to get rid of both of them was to go along with Mr. Sampson. We agreed to a price back in the area of HACC and while Miss Mancuso and I were in the long-wise situation in the back of the car I felt him reach into my pants pocket and I said, man, you don't have to do it, I already agreed and he said I don't know what you're talking about. Well, I figured two against one and the condition I was in I was not going to argue. So, I said fine. I told Miss Mancuso, just remember he owes you the money. So we got back up. Then they both sat in the front of the car. We drove back to the area of the Broad Street Market at which point they both got out. When I pushed the seat forward to get out of the back I saw my wallet lying. When I opened it up it was empty."
After Boltz realized that appellant had taken all of his money, he stopped a police car for assistance. The police apprehended appellant whom they brought back to be identified by Boltz.
[ 250 Pa. Super. Page 161]
Ms. Mancuso, sixteen years old at the time of the offense, testified that she saw appellant on March 19, near Lester's Cafe: "I was walking over to the cafe and I saw him and he said to come -- I told him I would wait for him. I went in the bar and came back out and he asked me what I was going to do. I told him I was going to try to get some money and so I walked back in the bar and he came in and we was talking and he was saying did I need a man and I told him I just broke up with one and then he must have gotten mad or something. He walked out and he asked what I was going to do. I told him I was trying to get some money. He said he already had someone out here for me to meet so we walked out." She also stated that the $25 fee was arranged between appellant and Boltz, and that she had nothing to say about it. After Boltz and the girl completed the act of intercourse, Boltz accused appellant of having taken his wallet when Boltz was engaged in intercourse. Finally, she testified that she left the scene when the police were chasing appellant, but subsequently, went to the police. Thereafter, she was adjudged delinquent for her participation in the episode.
On cross-examination, Ms. Mancuso testified that she was willing to "perform a trick" because she owed appellant some money. However, on re-direct examination, the district attorney elicited the following testimony:
"Q. Did you ever do anything like this before the night you met Dan Boltz on this particular evening?
"Q. And had you turned any tricks ever before that?
"Q. Have you been arrested for prostitution except this time? Except this time as a juvenile, at any other time have you ever been arrested?
"Q. You testified under oath you engaged in the acts of sexual intercourse for hire prior ...