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COMMONWEALTH PENNSYLVANIA v. JOSEPH P. IACINO (05/30/80)

decided: May 30, 1980.

COMMONWEALTH OF PENNSYLVANIA,
v.
JOSEPH P. IACINO, APPELLANT



No. 136 March Term, 1979, Appeal from the Order of the Superior Court, at No. 564 April Term, 1977, affirming the Judgment of Sentence of the Court of Common Pleas, Criminal of Mercer County, at Nos. 36 (5) (6) July Sessions, 1975

COUNSEL

Charles F. Gilchrest, Routman, Moore, Goldstone & Valentino, Sharon, for appellant.

Samuel J. Orr, IV, Dist. Atty., David B. Douds, Asst. Dist. Atty., Mercer, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: O'brien

[ 490 Pa. Page 121]

OPINION OF THE COURT

Appellant, Joseph P. Iacino, was convicted by a jury of misapplication of entrusted property and conspiracy. Post-verdict motions were denied and appellant was ordered to pay fines totaling $1,000 and sentenced to a prison term of eleven and one-half to twenty-three months. The Superior Court affirmed, Commonwealth v. Iacino, 265 Pa. Super. 375, 401 A.2d 1355 (1979), and we granted appellant's petition for allowance of appeal.

Appellant's conviction was based on the disappearance of a high-lift owned by the Pennsylvania Department of Transportation (PennDOT). At the time of the disappearance, appellant was employed as a maintenance supervisor for PennDOT in Mercer County. Appellant was charged with improperly causing the sale of the high-lift and conspiring with three other individuals.*fn1

The instant prosecution was initiated by way of presentments issued by a special investigating grand jury impaneled to investigate a widespread series of crimes by supervisory personnel of PennDOT in Mercer County. The same grand jury was involved in the cases, decided today, of Commonwealth v. Bestwick, 489 Pa. 603, 414 A.2d 1373 (1980), and Commonwealth v. Skarica, 489 Pa. 636, 414 A.2d 1390 (1980). Consequently, a number of appellant's allegations of error can be disposed of on the basis of Bestwick, supra.

Appellant first argues that the indictments should have been quashed because of the failure to afford him a preliminary hearing. We decided this issue adversely to appellant in Part II of Commonwealth v. Bestwick, supra, and we thus find this allegation of error meritless.

Appellant asserts that the indictments should have been quashed because the district attorney's petition for an investigative

[ 490 Pa. Page 122]

    grand jury was insufficient as a matter of law to justify impanelment of the grand jury. As a corollary, appellant argues that the insufficient written petition could not legally be supplemented by the presentation of evidence at the in camera hearing. We ...


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