No. 443 PITTSBURGH, 1982, Appeal from the Judgment of Sentence in the Court of Common Pleas, Criminal Division, of Greene County, No. 297 Crim. 1981.
William R. Nalitz, Waynesburg, for appellant.
Charles J. Morris, District Attorney, Waynesburg, for Commonwealth, appellee.
Rowley, Wieand and Hester, J. Wieand, J., concurs in the result.
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Appellant, Malichi Ronald Vernon, was found guilty, following a jury trial, of burglary and sentenced to a term of imprisonment of not less than ten years nor more than twenty years by the Court of Common Pleas of Greene County, Pennsylvania. Appellant's motion for a new trial was denied and this appeal was taken from the judgment of sentence.
The facts, viewed most favorably to the Commonwealth's position, are summarized accordingly:
On October 15, 1981, appellant met Larry Huff at the Wagon Wheel restaurant in Waynesburg, Pennsylvania.*fn1 Appellant inquired whether Huff knew of any means to raise cash. Huff informed appellant that Huff's uncle, Robert Wise, kept firearms in his house in Blacksville, Pennsylvania, and that the sale of these firearms would produce cash. Thereafter, appellant and Huff drove in appellant's van to Wise's house, found no one present, entered without authority and removed therefrom a 30.30 rifle, 30.06 rifle, .22 rifle, .22 bolt shotgun and boxes of shells.
The men then arranged a rendezvous with appellant's wife at Old Dump Road where the men transferred the stolen property from the van to appellant's 1968 Chevrolet Impala. Appellant's wife departed for home in the van while appellant and Huff drove the Impala to the house of appellant's father.
At appellant's suggestion, Huff fabricated his financial condition in an effort to win the sympathy of appellant's father. Accordingly, Huff told appellant's father that his
[ 324 Pa. Super. Page 399]
wife had left him, thereby forcing him to scrape for money. Appellant's father agreed to purchase the 30.30 rifle for $50.00.
Subsequently, appellant and Huff drove to the house of appellant's brother and immediately thereafter to "some kid's house." Finding no one present at either residence, the men pursued another sale at Albert Laterio's house in Dunbar. Laterio ...