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COMMONWEALTH PENNSYLVANIA v. CURTIS MARION SAWYER (04/14/82)

submitted: April 14, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
CURTIS MARION SAWYER, APPELLANT



No. 540 PITTSBURGH, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Allegheny County, No. 7904824A.

COUNSEL

Robert L. Simmons, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Hester, Johnson and Popovich, JJ.

Author: Per Curiam

[ 309 Pa. Super. Page 74]

Appellant, Curtis Marion Sawyer, was charged with multiple counts: 1) robbery,*fn1 conspiracy,*fn2 and simple assault.*fn3

[ 309 Pa. Super. Page 75]

On January 8, 1980, the jury returned verdicts of guilty on all counts. Subsequently, appellant filed timely post-verdict motions which were denied. Appellant was then sentenced to a period of incarceration of not less than five nor more than ten years.

Appellant raises four (4) issues on appeal. These are: 1) whether trial counsel was ineffective for failing to call an alibi witness?; 2) whether the court's removal of a juror was an abuse of discretion?; 3) whether trial counsel was ineffective in her representation of appellant?; and 4) whether the evidence was sufficient to support the conviction?

The Commonwealth's evidence is as follows:

On August 4, 1979, at approximately 9:00 a.m., Tim Fallon was walking on Walnut Street in McKeesport on his way to his apartment. Just as he entered the doorway which was at street level, Donna Dixon, who had been walking behind Mr. Fallon with the appellant, suddenly entered the doorway blocking Fallon's entrance. At the same time, appellant grabbed the victim by the shoulders preventing him from moving.

While Mr. Fallon was in the grasp of the appellant, Donna Dixon went through his pockets removing currency and his wallet which she gave to appellant. Appellant then removed Mr. Fallon's money from the wallet and placed all the money which amounted to one hundred seventy ($170.00) dollars in his pocket. Subsequently, appellant threw the wallet on the pavement and shoved his aged victim to the ground. Appellant and Dixon then walked to the corner where they separated.

Just prior to these events, Gerald Tarr, who owned a business on Walnut Street, had observed Mr. Fallon pass his shop. Mr. Tarr also observed appellant and Ms. Dixon, both of whom he knew by name ...


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