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COMMONWEALTH PENNSYLVANIA v. LARRY BRINTON (02/29/80)

filed: February 29, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
LARRY BRINTON, APPELLANT



No. 2832 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, Criminal, as of No. 3356-A, B, C, D, F, G & E of 1977.

COUNSEL

Robert F. Pappano, Assistant Public Defender, Media, for appellant.

Guy A. Messick, Assistant District Attorney, Media, for Commonwealth, appellee.

Cercone, President Judge, and Wieand and Louik, JJ.*fn* Louik, J., files a dissenting statement.

Author: Wieand

[ 275 Pa. Super. Page 306]

Larry Brinton was tried before a jury and found guilty of rape, involuntary deviate sexual intercourse, corrupting the morals of a minor, indecent assault, simple assault, criminal coercion and conspiracy. He appeals from that determination contending: (1) that the Commonwealth failed to bring him to trial within 180 days in violation of Pa.R.Crim.P. 1100; (2) that the trial court improperly restricted cross-examination of the victim; (3) the Commonwealth failed to prove jurisdiction in Delaware County; and (4) the court erred in refusing a directed verdict because of inconsistencies in the victim's testimony. We find no merit in these contentions and, therefore, affirm.

Linda Rappa left her home at approximately 1:00 o'clock, A.M., on May 28, 1977, to visit a girlfriend in Brookhaven.

[ 275 Pa. Super. Page 307]

Finding her girlfriend not home, she continued to walk through Brookhaven until she met a man standing in front of a building. After speaking to the man for a brief period of time, she asked him for a ride to her boyfriend's house. When they reached 22nd and Edgemont Avenue, Ms. Rappa spotted a man named "Speed" (Daniel Brennan) with whom she was acquainted. "Speed" agreed to take her the rest of the way to her boyfriend's house, and she transferred to "Speed's" vehicle, where Billy Bradshaw and appellant were also present.

The group drove first to King Chevrolet in Chester, where appellant exited the car. Brennan and Bradshaw, together with Ms. Rappa, visited a store in Chester and then returned to King Chevrolet to meet appellant. They followed appellant, who was in another vehicle, to the Chester residence of a man known as "One Eye." Rappa asked to be taken to her boyfriend's home but was told that she would "have to wait." The four remained at "One Eye's" home for some time where, with others then present, they engaged in smoking DMT. When they left "One Eye's," Rappa now asked to be taken to her sister's house in Chester. Brinton, Brennan and Bradshaw refused.

While in the car, Rappa passed out. She awakened to find herself lying nude on a bed. Despite resistance, she was forcibly subjected to multiple sexual and deviate sexual acts by the three men. During the episode, she was beaten, choked, poked with scissors, burned with matches, and threatened with a gun.

When the assaults had been completed, the three men returned their victim to the car and threatened to take her into Philadelphia. She insisted upon going home. Brennan was dropped off after they had driven a short distance; and a short time later Rappa was able to escape from the car. She ran to a nearby house ...


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