No. 2072 Philadelphia, 1980, No. 2142 Philadelphia, 1980, Appeal from the Judgments of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County, March Term, 1979, Nos. 151-155, and August Term, 1979, Nos. 1164-1166, 1168-1170 and 1172-1173.
Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Spaeth, Montgomery and Lipez, JJ.
[ 306 Pa. Super. Page 367]
Appellant was convicted on charges of three counts of burglary, three counts of robbery, and three counts of criminal conspiracy. He was subsequently sentenced to an indeterminate to six (6) years term under the Youthful Offender Act with four (4) years state probation to run consecutively thereto on two counts each of burglary and robbery, and one count of criminal conspiracy; three (3) to six (6) years at Camp Hill and four (4) years consecutive state probation on one count of criminal conspiracy; and, ten (10) years state probation concurrent with all other sentences on the remaining counts of burglary, robbery and criminal conspiracy. The above convictions resulted from two separate incidents involving appellant. Though a juvenile petition was filed against appellant following each arrest, he was certified for trial in adult criminal court on all charges.
Appellant sets forth several assignments of error herein alleging that the lower court erred (1) in certifying him to adult court when the Commonwealth failed to meet its burden of proof; (2) in refusing to grant appellant's motion to dismiss under Pa.R.Crim.P. 1100; (3) in denying his motion to suppress a certain statement; and, (4) in refusing to suppress both the lineup and in-court identifications made by a Commonwealth witness.
As to appellant's claim that the lower court erred in certifying him to adult court, the law is clear. The Commonwealth has the burden of establishing, on reasonable grounds, that a juvenile is not amenable to treatment, supervision or rehabilitation as a juvenile through available facilities. See, 42 Pa.C.S.A. § 6355(a)(4)(iii). A challenge to a certification order must demonstrate that the court committed a gross abuse of discretion. Commonwealth v. Stokes, 279 Pa. Super. 361, 421 A.2d 240 (1980). Such abuse is not merely an error of judgment, but the misapplication, or an overriding, of the law; or, the exercise of manifestly unreasonable judgment based on partiality, prejudice or ill will. Commonwealth v. Bey, 249 Pa. Super. 185, 375 A.2d
[ 306 Pa. Super. Page 3681304]
(1977). We find no indications of manifestly unreasonable judgment on the part of the certification court herein.
The next assignment of error asserted by appellant is that his Pa.R.Crim.P. 1100 rights were violated. He argues that the 180 day period should have begun to run when the juvenile petition was filed and not when he was certified to adult court. We have rejected this argument on numerous occasions, and continue to do so. See, e.g., Commonwealth v. Jackson, 287 Pa. Super. 430, 430 A.2d 680 (1981); Commonwealth v. Mitchell, 283 Pa. Super. 455, 424 A.2d 897 (1981). See also, Commonwealth v. Bell, 245 Pa. Super. 164, 369 A.2d 345 (1976), aff'd, 481 Pa. 229, 392 A.2d 691 (1978); and, Pa.R.Crim.P. 1100(a)(3).
Appellant also contends that the lower court erred in denying his motion to suppress a certain in-custody statement. He specifically argues that he was not provided an opportunity to consult with an ...