No. 109 April Term, 1979, Appeal from the Judgment of Sentence in the Court of Common Pleas of Allegheny County, Criminal Division, No. CC7708373.
David G. Metinko, Pittsburgh, for appellant.
Charles W. Johns, Assistant District Attorney, Pittsburgh, for appellee.
Price, Hester and Cavanaugh, JJ.
[ 279 Pa. Super. Page 34]
Following a jury trial, appellant was found guilty of burglary,*fn1 criminal trespass,*fn2 and criminal conspiracy.*fn3 The Honorable Samuel Strauss denied appellant's post-verdict motions and sentenced him to concurrent sentences of two (2) to five (5) years each on the burglary and conspiracy counts, and a suspended sentence on the trespass count.
Appellant's motion for a new trial or in arrest of judgment contained six allegations of error, three of which he now raises on appeal. He complains that the evidence was insufficient to support the burglary and conspiracy charges, that the court improperly refused to dismiss the complaint when the Commonwealth failed to comply with Pa.R.Crim.P. 141(d), and that the court erred in admitting hearsay testimony. We find that the first two allegations have been
[ 279 Pa. Super. Page 35]
waived and that the third is without merit. Consequently, we affirm the judgment of sentence.
A brief narration of the events leading to these charges follows. On November 9, 1977, at approximately 2:30 p. m., Mr. Al Balogh was outside his residence and observed a black Cadillac pull into the driveway of the adjacent building, which contained the offices of Drs. Leo and Bowen Caliguiri. A black male exited the car and walked up to the side door of the building. He appeared to be prying at the door with an object and then kicked the door open and entered, shutting the door behind him. Mr. Balogh immediately called the police, and Patrolman Diday and Sergeant McLaughlin arrived at the scene within a minute or so. While Sergeant McLaughlin remained outside, Patrolman Diday entered the building and encountered two men standing in the doorway, one of whom he later identified as appellant. In response to the officer's command not to move, appellant ran down the hallway toward the front of the building. Patrolman Diday apprehended the other male and radioed Sergeant McLaughlin to inform him of appellant's flight out of the front of the building.
Sergeant McLaughlin went to the front of the building and spoke with a woman who was standing there. He next took the police cruiser and drove to a church located about an eighth of a mile from the doctors' office and then to a pharmacy located about one hundred yards from the doctors' office. Failing to locate anyone in the front of the building housing the pharmacy, he drove to the back and there discovered appellant. Sergeant McLaughlin approached appellant, questioned him, and took him back to the police station, where he was identified by Patrolman Diday.
By filing post-verdict motions, appellant took the initial steps necessary to preserve the issues of the sufficiency of the evidence and compliance with Pa.R.Crim.P. 141(d) for appellate review. As our supreme court mandated in Commonwealth v. Gravely, 486 Pa. 194, 404 A.2d 1296 (1979), only issues presented in this ...