No. 244 Harrisburg, 1980, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Dauphin County, Nos. 1902, 1902A CD 1979.
Marilyn C. Zilli, Assistant Public Defender, Harrisburg, for appellant.
William A. Behe, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.
Brosky, Wieand and Montemuro, JJ.
[ 296 Pa. Super. Page 93]
William Corish was tried non-jury and convicted of theft by receiving stolen property*fn1 and carrying a firearm without a license.*fn2 Post trial motions were denied, and Corish was sentenced to concurrent terms of imprisonment for not less than one nor more than three years. On appeal, he contends (1) that the court below committed error by refusing to grant a pre-trial suppression of the firearm; (2)
[ 296 Pa. Super. Page 94]
that the trial evidence was insufficient to sustain the verdicts; and (3) that trial counsel was constitutionally ineffective.
There is no merit in appellant's first two contentions. On December 1, 1979, a parole board warrant was outstanding for appellant's arrest. On that day he was observed driving a vehicle in the City of Harrisburg, Dauphin County. The vehicle was stopped by Patrolman John Goshert, of the Harrisburg Police Department, and Corish was placed under arrest. Goshert asked Corish what he wanted done with the vehicle he had been driving. Receiving no directions, Goshert called for a tow truck to remove the vehicle which had been stopped so as to impede the flow of traffic. Goshert then opened the right front door of the vehicle for the purpose of making an inventory of its contents and immediately observed a gun holster protruding from under the front seat. When he picked it up he found contained therein a .22 caliber pistol. Appellant had no license to carry the same.
The pistol had been stolen two days earlier from the home of Martin Nye. When Nye had returned home on November 29, 1979, he observed a silver Pontiac Sunbird in front of his residence. As he approached, he observed a man, identified at trial as appellant, run from his home, enter the Pontiac Sunbird, and drive away.
The test for determining the sufficiency of the evidence is whether, accepting as true all the evidence and the reasonable inferences therefrom, upon which the fact finder could have based the verdict, it is sufficient to prove beyond a reasonable doubt that appellant was guilty of the crime or crimes with which he has been charged. Commonwealth v. Smith, 484 Pa. 71, 73-74, 398 A.2d 948, 949 (1979); Commonwealth v. Boyd, 463 Pa. 343, 347, 344 A.2d 864, 866 (1975); Commonwealth v. Thompson, 292 Pa. Superior Ct. 108, 116, 436 A.2d 1028, 1032 (1981); Commonwealth v. Jones, 291 Pa. Superior Ct. 65, 74, 435 A.2d 223, 225 (1981). In making this evaluation, all evidence received by the fact finder must be considered, whether the trial court's rulings thereon were
[ 296 Pa. Super. Page 95]
correct or incorrect. Commonwealth v. Harper, 485 Pa. 572, 576, 403 A.2d 536, 538 (1979); Commonwealth v. Boyd, supra 463 Pa. at 347, 344 A.2d at 866; Commonwealth v. Tabb, 417 Pa. 13, 16, 207 A.2d 884, 886 (1965); Commonwealth v. Bentley, 276 Pa. Superior Ct. 41, 44, 419 A.2d 85, 86 (1980); ...