No. 152 April Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Allegheny County, Criminal Division at Nos. CC7507572A and CC7600932.
Lester G. Nauhaus and Louis R. Dadowski, Appellate Counsel, Office of the Public Defenders, Pittsburgh, for appellant.
Robert L. Eberhardt, Assistant District Attorney, and Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 260 Pa. Super. Page 441]
After a jury trial, appellant was convicted on March 22, 1976, of two counts of robbery with a weapon,*fn1 two counts of criminal conspiracy,*fn2 carrying firearms without a license,*fn3 and burglary.*fn4 Post-verdict motions were denied and appellant was sentenced to concurrent ten to twenty year terms of imprisonment for the robbery charges and a consecutive two and one-half to five year sentence for the burglary charge. Sentence was suspended on both conspiracy convictions. Appellant now contends that: (1) his constitutional rights were infringed by the exclusion of Blacks from the jury; (2) the trial court erred in admitting certain evidence of appellant's non-possession of a firearms license; (3) appellant should not have been directed to stand in court so as to provide Commonwealth witnesses with an opportunity to identify him; (4) the verdict was against the weight of the evidence; (5) the "Multiple Conviction" statute bars his convictions find merit only in appellant's final contention and thus remand for resentencing.
[ 260 Pa. Super. Page 442]
Viewing the evidence in the light most favorable to the Commonwealth as verdict winner, Commonwealth v. Burton, 450 Pa. 532, 301 A.2d 599 (1973), the following facts were adduced at trial. On July 10, 1975, Mark Kent was admitted to the apartment of Robert Boehm and Raymond Finfrock, and requested the use of the phone because his automobile was allegedly disabled. Both Boehm and Finfrock were managers of separate Hardee's Restaurants in the Downtown Pittsburgh area. Kent departed after completing the call.
During the evening of July 14, 1975, Kent, along with appellant and one other man, later identified as James "Blood" Johnson, forcibly gained entrance to the same apartment. Although Finfrock was working at the time, Boehm was present and was immediately bound, gagged and blindfolded. Both appellant and Johnson wore ski masks and possessed weapons. The intruders forced Boehm to reveal the combination to the Hardee's safe and to relinquish the store's keys and floorplan. Upon Finfrock's return, at approximately 1:30 a.m., he was summarily accosted, bound and gagged. The money, credit cards and personal items of both victims were removed and they were placed in separate bedrooms.
Appellant and Kent then left the apartment and proceeded to the Hardee's managed by Boehm, entered the building, and removed $1,700 from the safe. They telephoned Johnson, who had remained to guard Boehm and Finfrock, and instructed him to abandon the victims and to rendezvous to divide the spoils.
Kent later testified that the entire scheme was formulated by appellant. This contention was corroborated by Randy McCleary, who testified that appellant had earlier approached him with the idea of a possible robbery of two Hardee's managers.
Appellant's first contention relative to the alleged unconstitutional exclusion of Black jurors is without merit in light of Commonwealth ...