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COMMONWEALTH PENNSYLVANIA v. RICHARD ORGANISCAK (06/22/84)

June 22, 1984

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD ORGANISCAK, APPELLANT



No. 598 Pittsburgh, 1982, Appeal from the judgments of Sentence of the Court of Common Pleas of Washington County, Criminal Nos. 1318 and 1319 of 1981 and No. 195 of 1982.

Before Rowley, Johnson and Popovich, JJ.

Per Curiam:

Judgments of sentence affirmed.

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA VS. RICHARD J. ORGANISCAK

NOS. 1318 and 1319 of 1981 and NO. 195 of 1982

Opinion OF THE COURT

Rodgers, J.

June 25, 1982

The defendant, Organiscak, having appealed from the court's order of May 7, 1982, to the Superior Court of Pennsylvania, this opinion is written in support of the order.

The defendant Organiscak, was charged with four violations of the Vehicle Code: (1) failure to stop when approaching a stop sign (75 Pa. C.S.A. § 3323 (b)); (2) fleeing or attempting to elude a police officer (75 Pa. C.S.A. § 3733 (a)); (3) reckless driving in Centerville Borough (75 Pa. C.S.A. § 3714); and, (4) reckless driving in West Pike Run Township.

After hearing, this court found that the charge of reckless driving in West Pike Run Township merged with the reckless driving charge in Centerville Borough and dismissed the reckless driving charge at No. 1324 of 1981. The court, after hearing, found the defendant guilty of the other three charges. Post trial motions were filed and argued before this court. The court dismissed the defendant's motion for a new trial and in arrest of judgment, and imposed a fine of $200.00 on the charge of fleeing or attempting to elude a police officer, and $25.00, each, on the summary offenses at No. 1318 of 1981 and No. 1319 of 1981.

At the hearing before this court, Officer Simon, a police officer of the Borough of Centerville, testified that about 7:40 P.M. on November 27, 1981, he and a fellow officer were parked in a police vehicle near the northwest corner of the intersection of Malden Road and U.S. Route 40 in Centerville Borough. An official stop sign is in place on Malden Road about thirty-five feet north of U.S. Route 40. Officer Simon observed a motor vehicle traveling on Malden Road approach U.S. Route 40 and stop. He then observed the defendant motorist approach the stop sign, drive past it and without stopping, turn to his right through a gravel parking area, and then turn west onto Route 40 in the path of an oncoming west bound motorist.

Officer Simon decided to cite the defendant for failing to stop at the intersection. The officers waited for the west bound motorist to go by; they then entered upon Route 40, passed the west bound motorist, and caught up to the rear of the defendant's vehicle about three-tenths of a mile west of the intersection. The officers activated the red flashing light on their police vehicle, at which time the defendant increased his speed from about fifty miles an hour to about seventy miles an hour; the police officers immediately activated their siren, and chased the defendant ...


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