No. 1131 April Term, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas of Westmoreland County Criminal Division, at No. 77 January Term, 1979
Debbie O'Dell, Washington, for appellant.
Morrison F. Lewis, Jr., Assistant District Attorney, Greensburg, for Commonwealth, appellee.
Hester, Brosky and Van der Voort, JJ.
[ 309 Pa. Super. Page 282]
Appellant was convicted by a jury of robbery and conspiracy to commit robbery in February, 1979 and was subsequently sentenced to a term of imprisonment of two to five years. Post verdict motions were denied and this appeal followed. Mr. Donley argues that an "on-the-scene" identification of him by a witness to the robbery was made in violation of his constitutional rights. He therefore contends that both the identification and incriminating statements made by him following it should have been suppressed. Appellant also argues that the criminal information filed by the District Attorney of Westmoreland County was not properly signed and is therefore void. Finding no merit to these claims, we affirm the judgment of sentence.
We will first dispose of Mr. Donley's argument as to the criminal information. He contends that the information was not signed by the District Attorney, as is required by Pa.Rule of Crim.Proc. 225(b).
The information was "rubber stamped" with a facsimile of the District Attorney's signature and below that stamp were written in ink the date and the initials of the First Assistant District Attorney.
In Commonwealth v. Contakos, 492 Pa. 465, 424 A.2d 1284, 1287 (1981) our Supreme Court wrote:
We believe that the approval and initialing of the information by an assistant district attorney, along with the stamped signature of the district attorney, complies with our rules, the Judicial Code and the concerns enunciated in [ Commonwealth v. ] Belcher [258 Pa. Super. 153, 392 A.2d 730] as Warmen [the Assistant District Attorney] had been designated to act in the district attorney's stead in the manner called for in the Judicial Code.
[ 309 Pa. Super. Page 283]
Subsection (i) of 42 Pa.C.S.A. § 8931 entitled "Indictment and information"*fn1 provides that the term "district attorney" as used in that section
[i]ncludes . . . those assistant district attorneys whose authority to act for the district attorney under that section is evidenced by a written designation executed by the district attorney or acting ...