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COMMONWEALTH PENNSYLVANIA v. JOSEPH MILEWSKI (01/23/85)

submitted: January 23, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH MILEWSKI, APPELLANT



No. 01101 Philadelphia 1984, APPEAL FROM THE JUDGMENT OF SENTENCE MARCH 26, 1984 IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY, CRIMINAL NO. 80-CR-1376(A)(B)

COUNSEL

Todd J. O'Malley, Scranton, for appellant.

Ernest D. Preate, Jr., District Attorney, Scranton, for Commonwealth, appellee.

McEwen, Cirillo and Hester, JJ. Hester, J., files a dissenting statement.

Author: Cirillo

[ 340 Pa. Super. Page 227]

This is an appeal by appellant Joseph Milewski from the judgment of sentence entered by the Court of Common Pleas of Lackawanna County. Following a trial by jury, appellant was convicted of dealing in vehicles with removed

[ 340 Pa. Super. Page 228]

    or falsified numbers. Post-trial motions were denied, and Milewski was sentenced to pay the costs of prosecution and placed on probation for one year. We reverse.

Appellant raises three issues in the instant appeal. We need only address his claim regarding the sufficiency of the evidence because we find that the evidence was insufficient to sustain his conviction.

"In reviewing the sufficiency of the evidence, we must view the evidence presented and all reasonable inferences taken therefrom in the light most favorable to the Commonwealth, as verdict winner. The test is whether the evidence, thus viewed, is sufficient to prove guilt beyond a reasonable doubt." Commonwealth v. Taylor, 324 Pa. Super. 420, 424, 471 A.2d 1228, 1229 (1984).

So viewed, the record reveals that in early November of 1979, a new 1979 Buick automobile was stolen from the residence of Joseph Wroble. The Pennsylvania State Police conducted an investigation and determined that Auto Haus, Inc., a used car dealership, received an automobile that contained engine parts and the transmission from the Wroble automobile. The vehicle identification numbers on these parts had been altered.

The evidence presented by the Commonwealth showed that late in November of 1979, appellant negotiated with the president of Auto Haus concerning the sale of the automobile in question. Once they reached agreement, appellant indicated that someone would deliver to Auto Haus the title for the car, and a check should be made payable to that party.

Based upon this evidence, appellant was convicted of dealing in vehicles with removed or falsified numbers, 75 Pa.C.S. ยง ...


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