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COMMONWEALTH PENNSYLVANIA v. STRICKLAND JOSEPH SMITH (09/30/83)

submitted: September 30, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
STRICKLAND JOSEPH SMITH, APPELLANT



No. 1264 Pittsburgh 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Allegheny County at No. 8103922A.

COUNSEL

John H. Corbett, Jr., Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Wickersham, Rowley and Popovich, JJ.

Author: Popovich

[ 322 Pa. Super. Page 391]

This is an appeal from the Judgment of Sentence entered on December 11, 1981 for the crimes of Rape (18 Pa.C.S.A. § 3121(1)), Statutory Rape (18 Pa.C.S.A. § 3122), Indecent Assault (18 Pa.C.S.A. § 3126(1)) and Corruption of Minors (18 Pa.C.S.A. § 6301).*fn1 We affirm in part and quash in part.

Appellant, Strickland Joseph Smith, questions the sufficiency of the evidence and the legality of the sentence. We find that neither claim justifies a reversal of the lower court's judgment order.

The facts, viewed in a light most favorable to the verdict winner, reveal that the 13-year-old victim, the appellant's stepdaughter of some 5 1/2 years, was directed to her room on the evening of May 16, 1981. At the time, the mother was not present in the home and the victim's three brothers

[ 322 Pa. Super. Page 392]

    were in another section of the house. While escorting the victim up the stairs, the appellant struck her on the side of the head for crying. Once inside the bedroom, appellant closed the door, directed the victim to remove her shorts and panties and lie on the floor on her back. The victim then described how the appellant, for "about 15 to 20 minutes," had intercourse with her. During this incident, the victim testified that she complied with appellant's demands and did not offer any resistance "because [she] was scared."

After the assault, the victim was told by the appellant to wipe herself clean. She did so with a towel. Thereafter, the victim called her mother by phone and recounted what had occurred. The police were duly notified and appellant was arrested. Conviction followed trial by a jury of appellant's peers, despite his production of two alibi witnesses.

We find that the facts just recited, including the testimony of the victim's mother, police and criminalist, are supportive of a determination sustaining the appellant's convictions. See Commonwealth v. Pride, 252 Pa. Super. 34, 380 A.2d 1267 (1977) (victim's testimony concerning a rape is by itself sufficient to affirm a conviction).

As for appellant's sentencing claim, which we hold not to have been waived, see Commonwealth v. Ford, 315 Pa. Super. 281, 461 A.2d 1281 (1983), it is conceded by all concerned that the requirements of Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977) were met. However, appellant finds fault with the court's failure to "specif[y] as to what count or counts the sentence [of 5 to 20 years] was ordered."*fn2 (Appellant's Brief at 14) In other words, "[t]here is no mention any place on the record ...


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