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COMMONWEALTH PENNSYLVANIA v. CHARLES MCDUFFIE (10/07/83)

filed: October 7, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES MCDUFFIE, APPELLANT



No. 3279 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County, January Term, 1980, Nos. 374 to 382.

COUNSEL

Jeremy T. Ross, Philadelphia, for appellant.

Steven J. Cooperstein, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Rowley, Wieand and Beck, JJ.

Author: Rowley

[ 319 Pa. Super. Page 511]

This is a direct appeal from the judgment of sentence of a total of nine years probation imposed following a non-jury trial at which appellant was found guilty of robbery, possessing instruments of crime, theft, simple assault and criminal conspiracy. We affirm.

The facts were ably summarized by the trial court as follows:

On November 21, 1979, at approximately 2:00-3:00 A.M., Ruben Garnet, the complainant, was driving on an expressway in Philadelphia. Complainant was driving a Dodge and a friend of his named "Junior" was driving behind him in a 1954 Mercury.

A blue Pinto occupied by defendant and a Mr. Orlando Warren drove beside complainant and one of the occupants signaled him to pull over. Complainant pulled off the road beside the Pinto and "Junior" continued down the highway.

When complainant noticed that "Junior" had not also pulled off the highway, he drove back onto the road and followed him. After passing "Junior's" car, complainant was again forced to pull over to the shoulder of the highway by the occupants of the blue Pinto. [Complainant testified that the reason he stopped was that the passenger in the Pinto identified himself as a police officer, pointed a gun at him, showed a badge and told him to pull over.] "Junior" pulled over behind complainant and the Pinto stopped abreast of the driver's side of complainant's car.

One of the men alighting from the Pinto pulled a gun (later identified as a .25 caliber automatic), presented a badge and demanded complainant's driver's license and owner's card. When complainant attempted to comply,

[ 319 Pa. Super. Page 512]

    the gunman snatched his wallet which contained approximately $1,900.00 in cash and 20 ...


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