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COMMONWEALTH PENNSYLVANIA v. MICHAEL LONG (12/28/78)

decided: December 28, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
MICHAEL LONG, APPELLANT



No. 203 April Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Allegheny County, at No. CC 7503927.

COUNSEL

Paulette J. Balogh, Assistant Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Van der Voort, J., files an opinion in support of affirmance in which Cercone and Price, JJ., join. Spaeth, J., files an opinion in support of reversal in which Jacobs, President Judge, and Hoffman, J., join. The above case was decided prior to the retirement of Hoffman, J. Watkins, former President Judge, did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 262 Pa. Super. Page 21]

The six Judges who decided this appeal being equally divided, the judgment of sentence is affirmed.

[ 262 Pa. Super. Page 22]

OPINION IN SUPPORT OF AFFIRMANCE

VAN der VOORT, Judge:

The appellant, Michael Long, appeals to this Court following his conviction, denial of post-trial motions, and sentencing on a charge of possession with intent to deliver a controlled substance. He argues on appeal that the lower court erred in denying his request to suppress evidence seized from the trunk of his automobile.

The record shows that officers in a patrol car in a high crime area noticed an extensively damaged automobile parked near a social club, in the early morning hours on May 5, 1975. Among other problems, the officers noticed that the car had no right front headlight. The officers next saw the same auto about one half hour later, as it proceeded through an intersection without coming to a complete stop, despite a stop sign. As they followed the car, the officers noticed that it was being driven erratically, waving from side to side on the road. The car proceeded several blocks and then pulled over to the curb and parked. The police car parked behind the other auto.

A passenger, one Jessee C. Booker, exited the car from the right side, did one complete turn, then knelt with his hands directly in front of him at or below the door of the auto. He appeared to speak to the persons still in the auto. He then turned and started to walk towards a nearby house. He stopped at the request of the officers. The appellant, who was the driver of the car, and a second passenger were asked to get out of the auto by the officers, and did so, both by the right doors of ...


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