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COMMONWEALTH PENNSYLVANIA v. JOHN VITO RADOGNA (08/12/83)

filed: August 12, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN VITO RADOGNA, APPELLANT



NO. 2402 Philadelphia, 1981, NO. 2403 Philadelphia, 1981, Consolidated Appeals from the Judgments of Sentence of the Court of Common Pleas of Northampton County, Criminal, at Nos. 2179 of 1979 and 1434 of 1980.

COUNSEL

Nicholas Noel, III, Bethlehem, for appellant.

Anthony S. Blasco, Assistant District Attorney, Easton, submitted a brief on behalf of Commonwealth, appellee.

Brosky, McEwen and Watkins, JJ.

Author: Mcewen

[ 317 Pa. Super. Page 589]

Appeal No. 2402-81 is taken from the judgment of sentence imposed upon convictions arising from the escape of appellant from custody on September 14, 1979. Appeal No. 2403-81 has been taken from the judgment of sentence imposed upon convictions arising from the discovery of a four inch stainless steel knife in the rectum of appellant after he had been apprehended in Oregon and returned to custody in Pennsylvania. The two appeals have been consolidated for purposes of our consideration.

Appellant on September 14, 1979, while in the custody of deputies of the sheriff of Northampton County, produced what appeared to be a weapon, disarmed the deputies, seized their wallets, took possession of the deputies' vehicle and escaped. As a result, he was charged with the crimes

[ 317 Pa. Super. Page 590]

    of escape, recklessly endangering another person, robbery, kidnapping and unauthorized use of an automobile.

Appellant was apprehended in the State of Oregon some four months later and subsequently transported from Oregon to Pennsylvania. At the conclusion of that journey, based upon information from a source located in Oregon, appellant was submitted to an x-ray examination which revealed the four inch knife in his rectum. As a result, he was charged with possessing prohibited offensive weapon, possessing an instrument of crime, possessing an implement for escape and criminal attempt to commit escape.

Appellant was determined by a jury to be guilty of all of the charges arising out of the escape and sentenced to a term of imprisonment of from ten years to twenty years. He underwent a trial without jury upon the charges arising out of the concealed knife and was acquitted of the charge of possessing a prohibited offensive weapon, but was determined to be guilty of the charges of possessing an instrument of a crime, possessing an implement for escape and criminal attempt to commit escape, for which he was sentenced to a total term of four and one half years to twelve years to be served after the sentence imposed upon the charges arising out of the escape.

Appellant in each appeal asserts the trial court erred in refusing the motion of appellant for change of venue. Our examination of the record persuades us that the hearing judge in the Statement of Reasons that accompany the order of August 21, 1980, has quite satisfactorily addressed the issues and properly rejected a change of venue.

Appellant further asserts in each appeal that the evidence was insufficient to sustain the charges upon which the verdict was entered. The Supreme Court stated in Commonwealth v. ...


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