No. 108 Harrisburg, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Dauphin County, Criminal Division, at No. 445 CD 1980
Lawrence A. Kalikow, Assistant Public Defender, Harrisburg, for appellant.
William A. Behe, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.
Brosky, Wieand and Montemuro, JJ. Wieand, J., concurs in the result.
[ 298 Pa. Super. Page 186]
Following a non-jury trial, appellant was convicted of the crime of prostitution.*fn1 Timely post-trial motions were filed and denied, and appellant was sentenced to twelve months probation. Thereafter, appellant took this appeal to our court. We affirm.
Appellant raises two contentions on appeal: first, that the evidence was insufficient to sustain a verdict of guilty under 18 Pa.C.S. § 5902(a)(2); and second, that the trial court erred in admitting into evidence testimony relating to appellant's prior conduct.
The facts are as follows. On March 19, 1980, at approximately 1:10 a. m., Officer John Goshert of the Harrisburg Police Department, working undercover on the vice detail, drove in his own, unmarked car past the 1400 block of North Third Street. As he drove past, he saw appellant standing on the corner, near Friendly's Bar. Appellant waved to him to pull over.
Instead of immediately stopping, Officer Goshert proceeded to drive around the block. Upon returning to the corner of the 1400 block of North Third Street, he saw appellant still standing in the same spot. At this point, Officer Goshert brought his vehicle to a stop in a nearby parking lot, whereupon appellant opened the passenger side door and stepped inside. Once inside, she directed the officer to drive her around the uptown area, and asked him various questions concerning where he lived and worked. She also specifically asked him to show her some identification to assure her that he was not a police officer, which he declined to do. Appellant then asked him if he was "going out," and when he answered affirmatively, she directed him to a house in the 900 block of Grand Street where she said she "always
[ 298 Pa. Super. Page 187]
did her business." She then asked him how much money he had to spend, and when he said he had $20, she stated that she would perform certain sexual acts for $25. After requesting her "regular room" from a man who answered the door, appellant led Officer Goshert to the room, whereupon he identified himself as a police officer and arrested her.
Section 5902(a)(2) provides:
(a) Prostitution -- A person is guilty of prostitution, a misdemeanor of the third ...