No. 00090 Harrisburg 1983, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Dauphin County at No. 739 C.D. 1982.
James H. Rowland, Harrisburg, for appellant.
Katherene E. Holtzinger, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.
Del Sole, Popovich and Roberts, JJ.
[ 334 Pa. Super. Page 243]
This is an appeal from a judgment of sentence entered by the Court of Common Pleas of Dauphin County against Gregory Taylor, appellant. On March 15, 1983, appellant was sentenced to pay a fine of $500.00 and undergo imprisonment in the Dauphin County Prison for not less than six
[ 334 Pa. Super. Page 244]
nor more than twenty-three months for the crime of carrying a firearm without a license.*fn1
The sole issue raised by appellant is whether the trial court erred in failing to grant appellant's motion to dismiss this charge as being violative of 18 Pa.C.S.A. § 110 which is entitled "When Prosecution Barred by Former Prosecution for Different Offense."*fn2
The circumstances which led to appellant's conviction occurred on April 6, 1982, at approximately 7:10 p.m. Officer Robert Klotzbeecher of the Harrisburg Police Department received a radio transmission concerning a domestic disturbance involving a pistol at 124 Baum Street. Appellant was reportedly involved. A sergeant of the Harrisburg Police Department responded to the call; and Officer Klotzbeecher immediately drove to an address supplied by radio, 438 Boas Street, which was subsequently determined to be the address of appellant's girlfriend. He knocked on the door and received no response. He then stationed himself at a vantage point from which he could view the house. After approximately 15 to 20 minutes, Officer Klotzbeecher observed a man who fit the description he had received leave the house and begin to walk down the street. The officer called to appellant, and appellant responded by turning and removing a pistol. The officer removed his service revolver, aimed it at appellant and twice ordered appellant to drop his pistol. Appellant obeyed and was immediately arrested. Officer Klotzbeecher charged appellant with carrying a concealed firearm in violation of 18 Pa.C.S.A. § 6106. As a result of the domestic disturbance, appellant was charged with simple assault; however, at the preliminary hearing, the district justice reduced the charge to harassment. Appellant was found guilty on that charge and subsequently fined $250.00 plus costs. The preliminary hearing on the assault charges was scheduled for April 14,
[ 334 Pa. Super. Page 2451982]
, and the preliminary hearing for the violation of firearms charge was ...