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COMMONWEALTH PENNSYLVANIA v. JOSEPH D. FARACI (09/30/83)

filed: September 30, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH D. FARACI, APPELLANT



No. 3075 PHILADELPHIA, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Bucks County, No. 80-1090 and 1991.

COUNSEL

Robert Melvin Hammond, Warrington, for appellant.

Stephen B. Harris, Assistant District Attorney, Doylestown, for Commonwealth, appellee.

Hester, Popovich and Hoffman, JJ.

Author: Hester

[ 319 Pa. Super. Page 418]

On February 12, 1980, appellant, Joseph D. Faraci, his accomplice, Richard Marsden, Arlene Grunmeier and Janet Faraci purchased one-half ounce of methamphetamine in the City of Philadelphia. Thereafter, they purchased several items from a jewelry store before acquiring a room at the

[ 319 Pa. Super. Page 419]

Sheraton Motor Inn on Roosevelt Boulevard in Northeast Philadelphia.

During the evening and early the following morning, the foursome watched television, ate, drank beer and injected methamphetamine. Marsden and Grunmeier discussed a .357 Magnum handgun which they knew was located at the Ashwood Apartments situate at 53 Applecross Circle in New Britain Township, Bucks County, Pennsylvania, the residence of the teenage victim, Allen Foard, Jr., and his family.*fn1 Richard Marsden expressed his intention to obtain the weapon.

Grunmeier checked the foursome out of the Motor Inn in late morning, February 13, 1980. At that time, appellant and Marsden were out seeking a rental car and Janet Faraci departed earlier that morning for work. Shortly after checking out, appellant, Marsden and Grunmeier drove to appellant's apartment. There, they equipped themselves with two handguns, a sawed-off shotgun and ammunition. The trio then drove to Ashwood Apartments to act upon Marsden's intention of acquiring the .357 Magnum.

Upon arriving at the victim's apartment, appellant knocked on the front door while Marsden and Grunmeier waited in the automobile. No one answered; consequently, Marsden and Grunmeier left the vehicle and walked to the door. Marsden used the shotgun to shatter a glass panel immediately to the right of the door. They unlocked the front door, walked inside and proceeded up the steps to the second floor.

Marsden led the way and before appellant and Grunmeier reached the second floor, Marsden turned and alerted them to the fact that the victim was lying on his bed. Grunmeier, thinking the ...


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