No. 183 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Montgomery County, Criminal Division at No. 566-77.
George B. Ditter, Assistant Public Defender, Norristown, for appellant.
James A. Cunningham, Assistant District Attorney, Norristown, for Commonwealth, appellee.
Cercone, President Judge, and Spaeth and Lipez, JJ.
[ 264 Pa. Super. Page 225]
The instant appeal arises from the lower court's refusal to quash an indictment charging appellant with criminal conspiracy, theft by unlawful taking, and theft by receiving stolen property. Appellant contends that his prosecution on these charges would constitute double jeopardy under the doctrine of Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973), vacated and remanded 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973), explained 455 Pa. 622, 314 A.2d 854, cert. denied 417 U.S. 969, 94 S.Ct. 3172, 41 L.Ed.2d 1139 (1974), as well as under our Crimes Code, 18 Pa.C.S. § 110 (1973).*fn1 We agree, will reverse the order of the court below, and discharge appellant. The relevant facts are as follows:
On February 4, 1977, at approximately 1:00 P.M., two parcels were unlawfully removed from a United Parcel Services truck which was parked in Lower Moreland Township, Pennsylvania. An eyewitness reported seeing a tan, fairly old, American-built vehicle parked near the truck. The witness also reported seeing one man running from the truck with a package under his arm and entering the automobile, for which the witness provided a license plate number. The car then sped off with its occupants, two white males and two white females.
Shortly thereafter, although he had not learned of the theft, a local police officer began to follow a car fitting that description because the occupants were evidently trying to conceal something on the floor and acted suspiciously concerning his presence behind them. The police officer then received a radio message reporting the theft and describing the car. Consequently, he ordered the vehicle to a halt and
[ 264 Pa. Super. Page 226]
discovered one of the stolen packages inside. The second package was subsequently found beside the road along the route the car had taken.
Appellant was one of the occupants of the car and repeatedly gave false identification of himself. Not until fingerprinting revealed his true identity did appellant correctly identify himself. Due to his attempts to mislead the police by providing false identification, appellant was separately charged under the Crimes Code with unsworn falsification to authorities, 18 Pa.C.S. § 4904 (1974). On June 1, 1977, appellant pleaded guilty to this charge. In October, 1977, appellant and his co-defendants were tried for the other offenses, but the jury was unable to reach a verdict and a mistrial was declared. Subsequently, the trial court set down a new date for trial and this appeal, raising the double jeopardy claim, ensued.*fn2
In pertinent part Section 110 of the Crimes Code provides:
"Although a prosecution is for a violation of a different provision of the statutes than a ...