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COMMONWEALTH PENNSYLVANIA v. BOBBY LYNN (01/21/83)

filed: January 21, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
BOBBY LYNN, APPELLANT



No. 260 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County at No. 317, March, 1979.

COUNSEL

John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Spaeth, Wickersham and Cirillo, JJ. Spaeth, J., concurs in the result.

Author: Wickersham

[ 309 Pa. Super. Page 440]

On September 26, 1978, Officer Clarence Harvey, an undercover narcotics officer, approached appellant who was seated in a double-parked white Datsun station wagon in the vicinity of the 4800 blocks of Westminster and Wyalusing Avenues near St. Bernard Avenue in Philadelphia.

Q Now, Officer Harvey, I'm going to direct your attention, if I may, to September the 26th, 1978. You were a Philadelphia Police Officer?

A Yes, I was.

Q On that date, and in conjunction with your official capacity, did you have occasion to come into contact with Bobby Lynn, the defendant in this case?

A That's correct.

I observed a white Datsun station wagon double-parked in this block.

I pulled up behind the station wagon, got out, and approached the operator. I asked the operator if he was Bobby, and he stated that he was. I then asked him if I could get a $25 bag, meaning a $25 bag of heroin. He then said, "Yeah. Follow me."

I then got back into my car, and I followed him to the 4800 block of Wyalusing Avenue, where he parked. He then signaled for me to come to him, and I got out of my vehicle and walked up to his auto. He then asked me to give him the money. I then handed him a 20-dollar bill and a ten-dollar bill. The serial numbers were prerecorded before leaving the Narcotic Unit. He then handed me

[ 309 Pa. Super. Page 441]

    a five-dollar bill and a glazed paper packet, containing a white powder.

Record at 6-8.

On January 24, 1979, at the conclusion of his undercover assignment, Officer Harvey arrested defendant at his residence.

Defendant was charged with knowingly or intentionally possessing a controlled substance and with manufacture, delivery or possession with intent to manufacture or deliver a controlled substance, as set forth in Information No. 317, March Term 1979. Defendant's pre-trial motion to dismiss the information on the basis of pre-arrest delay was denied by the Honorable Nicholas A. Cipriani.

On November 21, 1979, the Honorable Marvin R. Halbert, sitting without a jury, found defendant guilty of both charges. On January 16, 1980, post-verdict motions were denied and defendant was sentenced to three years probation. This appeal followed.*fn1

In Commonwealth v. Daniels, 480 Pa. 340, 390 A.2d 172 (1978), our supreme court considered appellant's claim that the delay between the victim's death and appellant's arrest ...


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