No. 934 April Term, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas, Allegheny County, Criminal Division at No. CC 7807073.
John H. Corbett, Jr., Pittsburgh, for appellant.
Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.
Spaeth, Johnson and Popovich, JJ.
[ 292 Pa. Super. Page 384]
Appellant, Charles Tumminello, was found guilty of Criminal Conspiracy*fn1 and Aiding Consummation of Crime*fn2 by a jury. Following the filing of post-trial motions, appellant was sentenced to three (3) years probation, ordered to make restitution and to pay the costs of prosecution. This appeal from the Judgment of Sentence followed, which we now affirm.
On appeal, appellant, represented by counsel other than trial counsel,*fn3 complains that: 1) the evidence was insufficient to warrant his conviction; 2) trial counsel was ineffective;
[ 292 Pa. Super. Page 385]
and 3) the trial court erred in admitting certain testimony by a Commonwealth witness into evidence.
The facts relating to the instant case, when viewed in a light most favorable to the Commonwealth, see Commonwealth v. London, 461 Pa. 566, 337 A.2d 549 (1975); Commonwealth v. Malone, 444 Pa. 397, 281 A.2d 866 (1971), reveal that around 4:00 P.M. on October 17, 1978, Mrs. William Adams returned home to find her residence burglarized. The safe, containing various items of value, a "CB" radio, "Fuzzbuster," money and assorted gems valued at $35,000 to $40,000 were missing. The theft was reported to police.
In an incident unrelated to the Adams' burglary, the Fox Chapel police, on November 10, 1978, pursued Dolores and Jeffrey Snyder in a high-speed chase before arresting them for robbery, burglary and aggravated assault. The Fox Chapel authorities, believing that the incident was part of a major burglary ring operating in the township, contacted the Allegheny County Police for assistance. Det. Morton, who was also involved in the Adams investigation, was assigned to the case.
On the night the Snyders were taken into custody, Det. Morton interviewed Jeffrey. During the course thereof, Jeffrey made various phone calls in Det. Morton's presence, one of which was to the appellant. On November 16, 1979, a preliminary hearing was held for Jeffrey Snyder, at which the appellant was seen by Det. Morton but he thought nothing of the association. It so happened that three days after the proceeding, Det. Morton was contacted by one William Bender. A meeting was set up and, in the presence of an assistant district attorney and ...