No. 13 April Term, 1979, Appeal from the Judgment of sentence of the Court of Common Pleas, Criminal Division, Venango County, No. S.D. 549 of 1977.
John J. Morgan, Butler, for appellant.
William G. Martin, Jr., Assistant District Attorney, Franklin, for Commonwealth, appellee.
Price, Hester and Cavanaugh, JJ.
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This is an appeal from the order of sentence of the Court of Common Pleas of Venango County. This is the second time this matter has been before us. In the prior case, we granted a new trial, holding that appellant's confession was improperly admitted into evidence in violation of Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301 (1977). See Commonwealth v. Haggerty, 282 Pa. Super. 369, 422 A.2d 1336 (1980). The Supreme Court granted the Commonwealth's petition for allowance of appeal, affirmed the trial court on the confession issue, reversed and remanded to this court for consideration of the two remaining assignments of error. Commonwealth v. Haggerty, 495 Pa. 612, 435 A.2d 174 (1981). The Supreme Court ruled that the six-hour requirement in Commonwealth v. Davenport, supra, had not been violated, the time of the actual arrest being the determining factor. We now address ourselves to the remaining issues raised by appellant in the original appeal.
Appellant was tried before a jury on charges of arson and burglary of the Franklin High School, Franklin, Pennsylvania, and was convicted only on the burglary charge. Following the denial of post trial motions, he was sentenced to seven and one-half (7 1/2) to fifteen (15) years' imprisonment.
Appellant first questions the sufficiency of the evidence. In testing the sufficiency of the evidence, we proceed in several steps. First, we accept as true all the evidence upon which the finder of fact could properly have reached its verdict. Next, we give the Commonwealth the
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benefit of all reasonable inferences arising from that evidence. And finally, we ask whether the evidence, and the inferences arising from it, are sufficient in law to prove beyond a reasonable doubt that the appellant is guilty of the crime of which he has been convicted. Commonwealth v. Madison, 263 Pa. Super. 206, 397 A.2d 818 (1979); Commonwealth v. Williams, 468 Pa. 357, 362 A.2d 244 (1976); Commonwealth v. Carbonetto, 455 Pa. 93, 314 A.2d 304 (1974); Commonwealth v. Eiland, 450 Pa. 566, 301 A.2d 651 (1973).
Our review of the record indicates that counsel for appellant stipulated that a burglary was committed in the early morning hours of October 15, 1977. This was corroborated by the testimony of Albert J. Broznick, Director of Buildings and Grounds for the Franklin Area School District, and by both police officers who investigated the crime. This evidence was sufficient to prove the corpus delicti. The Commonwealth also presented the tape recorded confession of appellant in which he admits his involvement in this burglary. Many of the facts in the confession were verified by later investigation, such as where the gasoline can was obtained; that entrance was gained through breaking a door; that three soft drink machines were broken into, and the coin boxes taken, and that windows in the cafeteria were broken. We therefore have no difficulty in finding that the evidence was sufficient for the jury to find beyond a reasonable doubt that appellant was guilty of burglary.
Appellant also contends the sentence imposed was manifestly excessive, constituting an abuse of discretion. The appropriate guidelines for imposition of a sentence of total confinement are ...