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COMMONWEALTH PENNSYLVANIA v. ADOLFO CARRILLO (10/05/78)

decided: October 5, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
ADOLFO CARRILLO, APPELLANT (TWO CASES)



Nos. 266 & 268 January Term, 1977, Appeals from Judgments of Sentence of the Court of Common Pleas, Criminal, of Philadelphia, at Nos. 538 and 539 July Term, 1976.

COUNSEL

David H. Weinstein, Philadelphia, for appellant.

Edward G. Rendell, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Robert B. Lawler, Chief, Appeals Div., William C. Turnoff, Philadelphia, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Manderino, J., files a dissenting opinion.

Author: Per Curiam

[ 483 Pa. Page 216]

OPINION OF THE COURT

This appeal arises from the judgments of sentence imposed upon appellant, Adolfo Carrillo, in connection with the shooting death of Santiago Garcia.

Appellant was tried by a judge sitting without a jury in the Court of Common Pleas of Philadelphia, and was found guilty of murder of the first degree and possession of instruments of crime. Post-verdict motions were denied. On January 12, 1977, appellant was sentenced to life imprisonment for the murder conviction and a concurrent two and one-half to five year term of imprisonment on the weapon's conviction.

Appellant appealed the judgment of sentence on the murder conviction to this court and appealed the judgment of sentence imposed upon the weapons conviction to Superior Court, which certified that appeal to this court for disposition.

Initially, appellant raises three issues that are not properly before this court. The issues, as set forth in appellant's brief, are:

"1. Is an individual demonstrated to be inept in the English language competent to explain the rights of defendant

[ 483 Pa. Page 217]

    to defendant, and further competent to ...


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