No. 583 Philadelphia 1983, No. 714 Philadelphia 1983, No. 818 Philadelphia 1983, Appeal from the Judgments of Sentence February 25, 1983 in the Court of Common Pleas of Berks County, Criminal Nos. 80181301, 80181201 and 80181601.
Emmanuel H. DiMitriou, Reading, for Santarelli, appellant.
John M. Elliott and Daniel F. Ryan, III, Philadelphia, for Guinther, appellant.
Calvin Lieberman, Reading, for Steingraber, for appellant.
Charles Guthrie and Stuart Suss, Assistant District Attorneys, Reading, for Commonwealth, appellee.
Wieand, Olszewski and Popovich: Wieand, J., concurred in the result.
[ 334 Pa. Super. Page 592]
This appeal follows each man's convictions on counts of possession of a Schedule I controlled substance, to wit, marijuana,*fn1 possession with intent to deliver,*fn2 and criminal conspiracy.*fn3 The cases were consolidated for trial and again for appeal. We address in turn the claims of each appellant.
[ 334 Pa. Super. Page 593]
to the Commonwealth. Commonwealth v. Ilgenfritz, 466 Pa. 345, 348, 353 A.2d 387, 389 (1976).
After carefully reviewing the record, we are satisfied to adopt the statement of facts set forth in the lower court opinion.
In November, 1980 Wendell Mihalak was employed by the Federal Aviation Administration (FAA) as an air traffic controller at the Reading Airport in Reading, Pennsylvania and had been so employed for approximately twelve years. Mihalak knew defendant Guinther through several parties given by Mihalak's boss and attended by both Mihalak and Guinther, through Guinther's association with the American Bonanza Society which is a flying organization having an office building at the Reading Airport, and also through Guinther's status as a flight instructor, and had spoken with Guinther over the radio about a thousand times during the preceding seven or eight years. Because of his familiarity with Guinther's voice, Mihalak recognized it when a man piloting a twin-engine Baron 6729 Tango called him for take-off taxi instructions on November 10, 1980 at 5:00 a.m. while Mihalak was on duty at the Reading Airport. In response to Mihalak's query, Guinther informed Mihalak that he was headed for West Palm Beach, Florida, and engaged in further conversation with Mihalak regarding tail winds before taking off.
On November 11, 1980 Raymond Gillman was employed by the FAA and was working as an air traffic control specialist at the Vero Beach Airport's flight service station in Vero Beach, Florida. After receiving a telephone call that evening Gillman observed an aircraft taxiing into the parking ramp area at the Vero Beach Airport at approximately 8:15 p.m. From his vantage point approximately two hundred feet from where the aircraft was parked in a well-lit area, and with the inermittent aid of binoculars, Gillman noticed that the aircraft bore the numbers N6729T and that it appeared to be ...