No. 821 Pittsburgh, 1980, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Allegheny County, No. CC7905415
Leonard I. Sharon, Pittsburgh, for appellant.
Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.
Wickersham, Wieand and Beck, JJ.
Steven Paul Plusquellic was tried without jury and convicted of violating the Controlled Substance, Drug, Device and Cosmetic Act,*fn1 criminal conspiracy,*fn2 and carrying a firearm without a license.*fn3 Plusquellic's post trial motions were denied, and he was sentenced to imprisonment for a
period of not less than nine (9) nor more than eighteen (18) months. On direct appeal, he contends (1) that the evidence was insufficient to convict him of conspiracy or of violating the Drug Act, either as a principal actor or as an accomplice; (2) that the statements of an alleged co-conspirator constituted inadmissible hearsay and should not have been received; and (3) that the trial court erred in refusing to suppress physical evidence seized from his person and the truck in which he was seated. These claims lack merit; and the judgment of sentence, therefore, will be affirmed.
The test to be applied in determining the sufficiency of the evidence is whether, accepting as true all of the evidence and all reasonable inferences arising therefrom upon which, if believed, the trier of fact could properly have based its verdict, it is sufficient to prove beyond a reasonable doubt that the accused is guilty of the crime or crimes with which he has been charged. As with all challenges to the sufficiency of the evidence, we consider the evidence in the light most favorable to the verdict winner, in this case the Commonwealth, which is entitled to the benefit of all favorable inferences arising therefrom. Commonwealth v. Waller, 498 Pa. 33, 44, 444 A.2d 653, 658 (1982); Commonwealth v. Bellis, 497 Pa. 323, 330 n.9, 440 A.2d 1179, 1182 n.9 (1981); Commonwealth v. Payne, 299 Pa. Super. 378, 380, 445 A.2d 804, 805 (1982); Commonwealth v. Johnson, 273 Pa. Super. 14, 17, 416 A.2d 1065, 1067 (1979). Moreover, the entire trial record must be evaluated, and all evidence actually received must be considered, whether or not the trial court's rulings thereon were correct. Commonwealth v. Waldman, 484 Pa. 217, 222-23, 398 A.2d 1022, 1025 (1979); Commonwealth v. Tabb, 417 Pa. 13, 16, 207 A.2d 884, 886 (1965); Commonwealth v. Bentley, 276 Pa. Super. 41, 44, 419 A.2d 85, 86 (1980); Commonwealth v. Williams, 273 Pa. Super. 578, 582, 417 A.2d 1200, 1201 (1980).
Conspiracy is defined in Section 903(a) of the Pennsylvania Crimes Code, 18 Pa.C.S. § 903(a) as follows:
§ 903. Criminal Conspiracy
(a) Definition of conspiracy. -- A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of ...