No. 81-1-29, Appeal from the Order of the Superior Court of Pennsylvania at No. 1489 April Term, 1978, reversing the Judgment of sentence of the Court of Common Pleas, Criminal Division of Erie County at No. 2383-1977.
Michael J. Veschecco, Dist. Atty., Shad Connelly, Asst. Dist. Atty., Erie, for appellant.
William F. Cercone, Jr., Pittsburgh, for appellee.
O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ. Roberts, J., concurs in the result. Larsen, J., notes a dissent and would affirm the order of the Superior Court.
The Commonwealth challenges an order of the Superior Court which reversed the judgment of sentence of appellee, Anthony Dominick Ciotti, for receiving stolen goods and remanded for a new trial. Commonwealth v. Ciotti, 279 Pa. Super. 75, 420 A.2d 751 (1980). The sole issue for review is whether appellee's trial counsel was ineffective in failing to object to one remark made by the court clerk during a poll of the jury.
The trial transcript reveals that, after the jury completed its deliberations and returned to the courtroom to report its verdict, the following occurred:
"CLERK OF COURTS: Ladies and gentlemen of the jury, have you reached a verdict?
(The Clerk of Courts received the verdict from the foreman and showed it to the Judge.)
CLERK OF COURTS: As to your verdict in the issue joined between the Commonwealth of Pennsylvania and the defendant, Anthony Ciotti, you say you find the defendant guilty, so say you all.
[DEFENSE COUNSEL]: May we have a poll of the ...