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COMMONWEALTH PENNSYLVANIA v. LARRY D. YOGEL (11/30/82)

filed: November 30, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
LARRY D. YOGEL, APPELLANT



No. 1194 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas Criminal Division, of Montgomery County, at No. 2893 of 1980.

COUNSEL

Anthony J. Beldecos, Philadelphia, for appellant.

Ronald T. Williamson, Assistant District Attorney, Norristown, for Commonwealth, appellee.

McEwen, Johnson and Watkins, JJ. Johnson, J., concurs in the result.

Author: Watkins

[ 307 Pa. Super. Page 242]

This is an appeal from the Order of the Court of Common Pleas, Criminal Division, of Montgomery County, by the defendant-appellant, Larry D. Vogel.

On August 19, 1980, the appellant was cited by a Pennsylvania State Police trooper for driving an automobile with an expired inspection sticker on it.*fn1 The appellant testified that he told the trooper that he had just brought the vehicle back from New Jersey and that it had been out of the state for more than thirty (30) days. The trooper testified that he

[ 307 Pa. Super. Page 243]

    only remembered being told that the automobile had recently been brought back from New Jersey.*fn2

Two issues are raised on appeal. First, the appellant contends that the Commonwealth is required to prove beyond a reasonable doubt that his vehicle had not been out of state for more than thirty days. Appellant's second contention involves the fact that the opinion of the court below was written by a judge other than the one that rendered the decision finding him guilty of the offense.

Taking appellant's second argument first, we note that the hearing judge who made the decision did not write the opinion in support of the decision which was submitted to our court.

Pa. Rules of Appellate Procedure 1925(a) provides as follows:

"(a) General Rule. Upon receipt of the notice of appeal the judge who entered the order appealed from, if the reasons for the order do not already appear of record, shall forthwith file of record at least a brief statement, in the form of ...


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