No. 672 philadelphia, 1981,
Arthur L. Gutkin, King of Prussia, for appellant.
Ronald T. Williamson, Assistant District Attorney, Norristown, submitted a brief on behalf of appellee.
Spaeth, Beck and Lipez, JJ.
[ 301 Pa. Super. Page 136]
This is an appeal from an order denying appellant's petition to expunge his arrest record. We reverse.
Appellant was arrested and tried for possession with intent to deliver a controlled substance, in violation of the
[ 301 Pa. Super. Page 137]
Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-113(a)(30). The facts giving rise to the arrest were as follows. Appellant signed and accepted delivery at his apartment of two packages. He left the packages unopened on the floor of his apartment and went out. During his absence, police entered his apartment and seized the packages, which they knew from a prior investigation contained hashish. Appellant was arrested when he reported to the police in response to a note left by them at his apartment.
Appellant was tried before a jury and found guilty of possession with intent to deliver the hashish, and was sentenced to three years imprisonment. He appealed the judgment of sentence to this court, arguing, among other issues, that the evidence was insufficient. A majority of this court affirmed. Commonwealth v. Rambo, 250 Pa. Superior Ct. 314, 378 A.2d 953 (1977). However, three judges, HOFFMAN, J., joined by JACOBS, and SPAETH, JJ., dissented, saying:
The Commonwealth's evidence did not establish that appellant had discovered the contents of the package or that he intended to exercise control over the hashish. He did not open the package to discover the concealed contraband; he merely placed the unopened packages on the floor and left the apartment. In short, appellant performed no act which demonstrated an intent to exercise conscious dominion and control over the contents of the package.
Id., 250 Pa. Superior Ct. at 329, 378 A.2d at 961.
The Supreme Court granted appellant's petition for allocatur, and, in a unanimous opinion, reversed. Commonwealth v. Rambo, 488 Pa. 334, 412 A.2d 535 (1980). The Court said that the evidence "f[e]ll far short of establishing appellant's guilt beyond a reasonable doubt", and that "the conviction here is based ...