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COMMONWEALTH PENNSYLVANIA v. GARY RANDOLPH (08/15/80)

filed: August 15, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
GARY RANDOLPH, APPELLANT



No. 995 October Term 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, Criminal Division, at No. 3177 of 1978, A, B, C, F, G, H, I.

COUNSEL

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

Frank T. Hazel, District Attorney, Media, for Commonwealth, appellee.

Wickersham, Brosky and Eagen, JJ.*fn*

Author: Per Curiam

[ 280 Pa. Super. Page 190]

Appellant, Gary Randolph, was convicted by a jury on December 6, 1978, of robbery, simple assault, aggravated assault, crimes committed with firearms, possessing instruments

[ 280 Pa. Super. Page 191]

    of crime-generally, criminal attempt and criminal conspiracy. Randolph filed motions for a new trial and in arrest of judgment. After a hearing, his motions were denied, and he was sentenced to concurrent terms of imprisonment of seven and one-half to fifteen years for robbery, five to ten years for criminal attempt, and five to ten years for criminal conspiracy. Sentence was suspended on the other offenses. This appeal followed.

The sole claim of error presented in this appeal is that the trial court erred in not granting a motion for a mistrial. This motion was entered by defense counsel at the close of the Commonwealth's evidence and was based on testimony given earlier by a police officer while testifying as a Commonwealth witness. The following is the testimony involved:

"Q. Were you involved in the investigation of this case?

A. Yes, I was.

Q. Were you involved in the arrest of ...


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