No. 462 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas, Criminal Division, Philadelphia County, at No. 79-11-0860, 861, 862.
Steven Goldblatt, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.
Victor J. DiNubile, Jr., Philadelphia, for appellee.
Cercone, President Judge, and Wieand and Hoffman, JJ.
[ 310 Pa. Super. Page 443]
This is an appeal by the Commonwealth from a suppression order entered by the court below. The Commonwealth has averred that the suppression order substantially handicaps its case against appellee on burglary charges,*fn1 and has asserted that because of this blow to its case that this Court has jurisdiction to hear its appeal.*fn2 We find that the appeal is properly before us and proceed to its merits.
[ 310 Pa. Super. Page 444]
The procedural history of the case, brief as it is, is as follows. Appellee was arrested in the early morning hours of October 2, 1979 in the East Falls section of Philadelphia by Officer Jeffrey Miller, with the assistance of another officer. At the time of his arrest appellee was the passenger in a vehicle driven by one Robert Lawrence. Appellee was charged with burglary, as well as with, theft, unauthorized use of an automobile and criminal conspiracy.*fn3 Appellee was duly arraigned, a preliminary hearing held and a timely motion to suppress the evidence filed. The suppression motion was heard January 28, 1980. At the close of the hearing the suppression court made findings of fact and conclusions of law pursuant to Rule 323(i) of the Pennsylvania Rules of Criminal Procedure. Those findings of fact and conclusions of law read in their entirety:
No. 1. On October second 1979 about 3:50 a.m. Officer Jeffery Miller, Badge No. 7080, was proceeding west on Warden Drive, Philadelphia, while conducting patrol duty.
No. 2. While driving he observed a copper colored station wagon approximately of the year 1977-1978 coming down a driveway in the 3400 block of Warden Drive.
No. 3. The station wagon was occupied by two ...