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COMMONWEALTH PENNSYLVANIA v. ERIC BAINES (10/05/84)

filed: October 5, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
ERIC BAINES, APPELLANT



Petition For Allowance of Appeal Granted February 26, 1986; (509 Pa. 545; 505 A.2d 600). No. 1515 Philadelphia 1982, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County at No. 1489-1493 October Term 1980.

COUNSEL

Edward Blumstein, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Wickersham, Brosky and Hoffman, JJ.

Author: Per Curiam

[ 334 Pa. Super. Page 98]

OPINION

Appellant Eric Baines was convicted of conspiracy, aggravated assault, attempted murder and possession of an instrument of crime in a jury trial before the Honorable Angelo A. Guarino. The charges stemmed from an incident on September 20, 1980 when appellant shot a Philadelphia police officer, John D'Amico, as the officer attempted to serve a search warrant for narcotics at appellant's residence. Post-verdict motions were filed, denied, and appellant was sentenced to a term of five to ten years imprisonment on the attempted murder conviction with concurrent sentences imposed on the remaining convictions. Appellant filed a motion, a supplemental motion and revised supplemental motion for a new trial and/or arrest of judgment, which motions were denied by Judge Guarino in an opinion dated June 22, 1982. Thereafter, appellant filed a pro se appeal to our court. The Commonwealth moved to quash the appeal due to the untimely filing (thirty-one days after imposition of sentence), which motion was denied on August 18, 1982 "without prejudice to the parties' right to raise the issue of timeliness in their brief and at oral argument."

Appellant raises the following issues on appeal:

1. Shall Appellant's appeal be quashed as a result of filing a pro se appeal thirty-one days after imposition of sentence?

[ 334 Pa. Super. Page 992]

. Should Appellant, Eric Baines, be granted a new trial and/or arrest of judgment due in whole or in part to material errors in the trial court proceedings including:

     a) material errors in the trial court's charge to the jury;

     b) improper admittance of irrelevant and ...


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