October 10, 1980
COMMONWEALTH OF PENNSYLVANIA
RICHARD F. TRACY, APPELLANT
No. 1221 October Term 1979, Appeal from the Judgment of Sentence of Common Pleas of Carbon County, Criminal Div., at No. 28, CR. 79.
Before Spaeth, Cavanaugh and O'kicki,*fn* JJ. Cavanaugh, J. files a Memorandum Concurring Statement.
The JUDGMENT of the lower court is hereby affirmed.
*fn* Judge Joseph F. O'Kicki of the Court of Common Pleas of Cambria County, Pennsylvania, is sitting by designation.