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COMMONWEALTH PENNSYLVANIA v. GREGORY JACKSON (03/23/79)

submitted: March 23, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
GREGORY JACKSON, APPELLANT



No. 1656 October Term 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, imposed on Bill of Indictment Nos. 1444-47 October Session, 1977.

COUNSEL

John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Price, Spaeth and Lipez, JJ.

Author: Spaeth

[ 271 Pa. Super. Page 132]

This is an appeal from judgments of sentence for robbery,*fn1 criminal conspiracy,*fn2 aggravated assault,*fn3 and recklessly endangering another person.*fn4

The trial was before a judge sitting without a jury. The evidence was as follows. On September 25, 1977, at about 5:55 p.m. Victoria Wakulowska, her mother, Helena, and her

[ 271 Pa. Super. Page 133]

    sister, Mariana, were about to enter their automobile, which was parked near 342 S. 15th Street, Philadelphia. Victoria, who was standing by the door on the driver's side, noticed appellant and his co-defendant approach her mother and sister, who were standing by the door on the passenger's side, from behind. When Victoria yelled, her mother and sister both turned to face the men. Appellant's co-defendant grabbed Helena Wakulowska's handbag and threw her to the sidewalk. N.T. at 30 (March 20, 1978). Appellant and his co-defendant then began running down the street, pursued by Mariana. Mariana testified that they were "practically touching each other as they were running." N.T. at 30 (March 20, 1978). They soon reached an alley; appellant entered it, while his co-defendant waited for him. It is not clear what occurred in the alleyway. In any case, appellant soon emerged, and he and his co-defendant continued running, side by side. In the course of their flight, they passed one Martin Silverstein, who testified that he became suspicious when he noticed that appellant repeatedly glanced backward. N.T. at 50 (March 20, 1978). A police officer who had been called to the scene saw appellant and his co-defendant climb over the door to an alley at 621-623 South 15th Street. They were apprehended nearby shortly thereafter. Mrs. Wakulowska's handbag was not recovered from the men nor was it found in any of the places they had been. N.T. at 45 (March 20, 1978). As a result of being thrown to the sidewalk, Mrs. Wakulowska suffered a broken wrist and her arm was permanently deformed. N.T. at 57-58 (March 20, 1978).

Appellant makes two arguments. First, he argues that there was insufficient evidence to show that he conspired with the co-defendant to rob Mrs. Wakulowska, and that therefore he should not have been convicted of any of the crimes charged. Second, he argues that his sentences for aggravated assault and recklessly endangering another person are improper because for sentencing purposes his conviction of those offenses merged with his conviction of robbery.

[ 271 Pa. Super. Page 134]

-1-

The Supreme Court has said many times that "[o]n appeal from a criminal conviction, the test for evaluating the sufficiency of the evidence is whether, viewing the entire record in the light most favorable to the Commonwealth, a finder of fact could reasonably have found that all elements of the crime charged had been proved beyond a reasonable doubt." Commonwealth v. Lowe, 460 Pa. 357, 358, 333 A.2d 765, 766 (1975); ...


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