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COMMONWEALTH PENNSYLVANIA v. EDWARD MICHAEL KEEFER (01/18/85)

filed: January 18, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
EDWARD MICHAEL KEEFER, APPELLANT



No. 206 Harrisburg, 1983, Appeal from the Judgment of Sentence of June 1, 1983 in the Court of Common Pleas of Dauphin County, Criminal Division, No. 1170 C.D. 1982

COUNSEL

Francis M. Socha, Assistant Public Defender, Harrisburg, for appellant.

Katherene E. Holtzinger, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.

Spaeth, President Judge, and Cirillo and Cercone, JJ.

Author: Cercone

[ 338 Pa. Super. Page 187]

After a non-jury trial, Edward Michael Keefer, and a co-defendant were convicted of criminal conspiracy (18 Pa.C.S.A. § 903), possession of methamphetamine and possession with intent to deliver methamphetamine, a Schedule III drug. (35 Pa.C.S.A. § 780-113(a)(16) and (30)). On June 1, 1983, Keefer was sentenced to a period of incarceration of from two (2) to four (4) years.*fn1

Appellant argues that the omission of two identifying receipts from the inventory compiled by troopers following the instant search in violation of Pa.R.Crim.P. 2009 should have resulted in their suppression. Additionally, he argues the insufficiency of the evidence to convict him of all of the charges.

Because Rule 2009 does not state a remedy for its violation and because it does not rise to the level of a constitutional rights deprivation, we affirm the trial court's admission of the omitted receipts. Commonwealth v. DeGeorge, 319 Pa. Superior Ct. 244, 466 A.2d 140 (1983).

In reviewing a case where the sufficiency of the evidence produced is contested, the test is:

"whether accepting as true all of the evidence reviewed in the light most favorable to the Commonwealth, together with all reasonable inferences therefrom, the trier of fact could have found that each element of the offenses charged was supported by evidence and inferences sufficient in law to prove guilt beyond a reasonable doubt."

[ 338 Pa. Super. Page 188]

As the search continued, appellant's co-defendant McMullan, arrived home. One of the troopers noticed a bulge in her pocket and he asked her to produce what caused it. A box with 19 packets of methamphetamine, packaged substantially in the same way as the twenty-nine recovered from the bedroom, was recovered from her.

One of the troopers who searched the apartment stated that the room into which appellant went contained men's clothing, and that the other bedroom ...


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