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COMMONWEALTH PENNSYLVANIA v. KENNETH HARRY MCKEE (11/19/82)

filed: November 19, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
KENNETH HARRY MCKEE, JR., APPELLANT



NO. 184 PITTSBURGH, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas Criminal Division, of Mercer County, at No. 102 Criminal 1980.

COUNSEL

Timothy P. McNickle, Grove City, for appellant.

Charles S. Hersh, Assistant District Attorney, Mercer, for Commonwealth, appellee.

Hester, Beck and Van der Voort, JJ. Beck, J., files a concurring and dissenting statement.

Author: Van Der Voort

[ 307 Pa. Super. Page 13]

Appellant was tried with a co-defendant, one David Martell. Appellant was convicted of escape, conspiracy to escape, unauthorized use of a motor vehicle, conspiracy to commit unauthorized use, aggravated assault and conspiracy to commit aggravated assault. Appellant raises two issues on this appeal:

I. Whether the trial court erred in transferring appellant's case to the criminal division?

II. Whether the verdicts of guilty of escape and conspiracy to commit escape were against the evidence and the law?

Co-defendant Martell appealed his conviction to this court at No. 184 Pittsburgh 1981. In an opinion, Commonwealth v. Martell, 307 Pa. Super. 1, 452 A.2d 873 (1982), filed on this date we affirmed his conviction. For the purposes of this appeal we will rely upon the factual history stated in Martell. McKee's second contention was raised by co-defendant Martell in his appeal and was resolved against him. Based on our disposition in Commonwealth v. Martell, we find no merit to appellant McKee's second contention.

[ 307 Pa. Super. Page 14]

Therefore, we need only address the certification of appellant from the juvenile court to the criminal division.

Transfer of juveniles to adult court is controlled by the Juvenile Act found at 42 Pa.C.S., Section 6355, which is a substantial re-enactment of prior law found at 11 P.S., Section 50-325. Section 6355(a)(4) of the present Juvenile Act requires that a juvenile may be transferred to adult court only if the court finds that all of the following factors exist: --

(a) That the child is not amenable to treatment, supervision or rehabilitation as a juvenile through available facilities. In determining this, the court may consider age, mental capacity, maturity, ...


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