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COMMONWEALTH PENNSYLVANIA v. WILLIAM WELLS A/K/A JAMES NELSON (01/07/83)

submitted: January 7, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM WELLS A/K/A JAMES NELSON, APPELLANT



No. 2893 Philadelphia 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, Criminal at No. 6218 - 80.

COUNSEL

Robert F. Pappano, Assistant Public Defender, Media, for appellant.

A. Sheldon Kovach, Assistant District Attorney, Media, for Commonwealth, appellee.

Spaeth, Beck and Johnson, JJ.

Author: Spaeth

[ 313 Pa. Super. Page 558]

This is an appeal from a judgment of sentence for robbery, criminal conspiracy, and prohibited offensive weapons. Appellant was convicted of several other offenses, but since these merged with the robbery, no separate sentence for any of them was imposed. One of these several other offenses was unlawful restraint. Appellant argues that he is entitled to a new trial because the lower court in its

[ 313 Pa. Super. Page 559]

    charge improperly defined the offense of unlawful restraint.*fn1 However, we find no error, and therefore affirm.

In the course of committing a robbery, appellant, using a sawed-off shotgun, forced restaurant employees to open a safe, lie on the floor, and unlock a back door for his escape. The incident lasted about ten minutes. N.T. 3/4/81 at 7.

The offense of unlawful restraint is defined as follows:

A person commits a misdemeanor of the first degree if he knowingly:

(1) restrains another unlawfully in circumstances exposing him to risk of ...


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