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COMMONWEALTH PENNSYLVANIA v. LEONARD WOMACK (07/11/83)

SUPREME COURT OF PENNSYLVANIA


decided: July 11, 1983.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
LEONARD WOMACK, APPELLANT

Appeal No. 80-3-697, from Judgments of Sentence imposed by the Honorable John A. Geisz, Court of Common Pleas of Philadelphia Criminal Section, Trial Division, July Term, 1974, Nos. 1506-1510, on August 12, 1980.

COUNSEL

David L. Pollack, Philadelphia (Court-appointed), for appellant.

Robert B. Lawler, Chief, Appeals Div., Garrold Tennis, Asst. Dist. Attys., Philadelphia, for appellee.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ.

Author: Per Curiam

[ 501 Pa. Page 505]

OPINION OF THE COURT

On April 11, 1975 a jury found appellant guilty of second degree murder, robbery, conspiracy, and related weapons offenses. This case is now before us on his direct appeal nunc pro tunc from his mandatory life sentence.*fn1 He asserts

[ 501 Pa. Page 506]

    the verdict was contrary to the law and against the weight of the evidence and that the trial court erred in admitting the preliminary testimony of an "unavailable" Commonwealth witness. Appellant also contends trial counsel was ineffective for failing to object to the assistant district attorney's recusing himself and testifying in rebuttal of a key defense witness, intemperate and prejudicial remarks made by the assistant district attorney in his closing argument, and purportedly improper cross-examination by the Commonwealth of a defense witness and appellant. Finally, appellant contends trial counsel was ineffective for withdrawing a motion to suppress an exculpatory statement that he made to police, which was inconsistent with his trial testimony. We have reviewed these claims and find them without merit.

Accordingly, the judgments of sentence are affirmed.


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