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COMMONWEALTH PENNSYLVANIA v. KENNETH WORRELL (04/18/80)

filed: April 18, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
KENNETH WORRELL, APPELLANT



No. 2935 October Term, 1978 Appeal from Judgment of Sentence imposed by the Court of Common Pleas of Bucks County, Criminal Division, at No. 572 of 1978.

COUNSEL

Nino V. Tinari, Philadelphia, submitted a brief on behalf of appellant.

John J. Kevlock, Assistant District Attorney, Doylestown, for Commonwealth, appellee.

Price, Van der Voort and Wieand,*fn* JJ.

Author: Wieand

[ 277 Pa. Super. Page 388]

Kenneth Worrell, appellant, was convicted by a jury of receiving stolen property,*fn1 namely, an automatic transmission. Following denial of post trial motions and sentencing, appellant appealed. Finding the several contentions raised by appellant to be lacking in merit, we will affirm the judgment of sentence.

Appellant first challenges the sufficiency of the evidence. The test for sufficiency of the evidence is whether, accepting as true all the evidence and all reasonable inferences arising therefrom upon which a jury could have based its verdict, it is sufficient in law to prove guilt beyond a reasonable doubt. Commonwealth v. Williams, 468 Pa. 357, 365, 362 A.2d 244, 248 (1976); Commonwealth v. Phillips, 258 Pa. Super. 109, 112, 392 A.2d 708, 709 (1978).

[ 277 Pa. Super. Page 389]

The facts, viewed in the light most favorable to the Commonwealth, are as follows: In May, 1976, Grant Lampi purchased a white 1976 Corvette automobile equipped with a 350 cubic inch engine and an automatic transmission. The manufacturer's serial number or vehicle identification number (VIN) was 1S37X6S404439. While in possession of this car, Lampi was involved in no accidents and performed no repairs. On April 8, 1977, Lampi's Corvette was stolen in Norristown, Pennsylvania.

John Cooper was the owner of a red 1970 Corvette automobile (VIN 194370S413642) equipped with a 350 cubic inch engine and a four-speed manual transmission. In September, 1976, he was involved in an accident, and his car was declared a total loss. Cooper sold the automobile to his insurance carrier. The Cooper Corvette was towed to Ace Auto Parts in Camden, New Jersey, in early October. The owner of Ace Auto Parts, Sanford Flinker, testified that while the Corvette was in his firm's possession no repairs were performed. In December, 1976, Flinker delivered the automobile to appellant although the documentary title transfer did not occur until May 27, 1977, when title was transferred from Ace Auto Parts to Daniel McKendry.*fn2

When McKendry first saw the automobile in mid-May, the Corvette was in drivable condition, was painted silver and was equipped with an automatic transmission. This was one month following the theft of the Lampi vehicle. McKendry paid appellant $3,400 in cash but received title from Ace Auto Parts.

McKendry never had any repairs performed to this Corvette until October, 1977, when the engine "blew" while in the possession of a friend of McKendry. The car was towed to a garage to await purchase and installation of a new engine. McKendry testified that he did not see the car subsequent to this ...


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