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COMMONWEALTH PENNSYLVANIA v. FREDERICK MAXWELL (02/01/84)

submitted: February 1, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
FREDERICK MAXWELL, APPELLANT



NO. 01911 PHILA. 1982, Appeal from the Judgment of Sentence in the Court of Common Pleas of Philadelphia County, No. 1080-1086 March 81

COUNSEL

David A. Soltz, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Spaeth, President Judge, and Beck and Hoffman, JJ.

Author: Spaeth

[ 329 Pa. Super. Page 411]

This is an appeal from a judgment of sentence for robbery and related offenses. Appellant argues 1) that his Rule 1100 rights were violated; 2) that the complaint should have been dismissed because of an eighteen month delay between the incident and arrest; 3) that the photographic identification should have been suppressed; 4) that the victim's wallet should have been suppressed; and 5) that the trial court should have declared a mistrial because of a witness's reference to a homicide detective. We find these arguments without merit, and we therefore affirm.

The facts of the incident, as recited by the trial court, are as follows:

[ 329 Pa. Super. Page 412]

James P. Davis, the complainant, was sitting in his automobile, parked in the 2600 block of Germantown Avenue, in Philadelphia, on June 2, 1979. He was hacking, i.e., seeking taxicab passengers without a license. He was approached by the defendant, Frederick Maxwell, and a companion named Mobely. The pair entered Davis' automobile and asked to be driven to Broad Street and Glenwood Avenue. While being driven to this destination, the defendant pulled a revolver from his brief case. The pair then forced Davis to go into the back seat of his car, tied him up with tape, and threatened to kill him. They then robbed him of his wallet, which contained $14 in cash, and drove to a small park in the neighborhood, where they let him out. They drove off in his car, which was later recovered by the police.

Trial court slip op. at 2.

The police obtained a search warrant for appellant's house, on the basis of an unrelated incident. During the search, Davis's wallet was found on a mantelpiece.*fn1 An arrest warrant was issued on June 7, 1979, but appellant fled the jurisdiction. Over a year later, on the basis of an anonymous tip, the police discovered appellant in New York City. Appellant was arrested on July 28, 1980, and was returned to Philadelphia to stand trial.

Appellant's only argument in support of his Rule 1100 claim is that the complaint was signed on June 6, 1979. However, the complaint was dated December 11, 1980, and Davis testified that it was his signature on the complaint. In addition, he testified that what he signed in June of 1979 was his statement concerning the incident. N.T. 3/10/82 at 50. When questioned about the date that he signed the complaint, Davis stated that he didn't sign the complaint in June but he couldn't remember when he did sign it. N.T. 3/10/82 at 52. We find that the record ...


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