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COMMONWEALTH PENNSYLVANIA v. DEREK CLARENCE MAYO (04/16/85)

submitted: April 16, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
DEREK CLARENCE MAYO, APPELLANT



Appeal from the Judgment of Sentence of April 6, 1984, in the Court of Common Pleas of Lancaster County, Criminal Division, at No. 142 of 1983.

COUNSEL

David F. Wedge, Lancaster, for appellant.

Joseph C. Madenspacher, Assistant District Attorney, Lancaster, for Commonwealth, appellee.

Wickersham, Beck and Cercone, JJ.

Author: Beck

[ 344 Pa. Super. Page 339]

Appellant was convicted of robbery*fn1 and criminal conspiracy*fn2 for the holdup of a gasoline station's convenience store. Post-verdict motions were denied, and appellant was sentenced to 33-72 months imprisonment for the robbery conviction, to be served concurrently with a 2-6 year sentence for the conspiracy count.

On appeal appellant claims (1) the trial court erred in failing to suppress evidence gathered while appellant was detained; (2) the trial court erred in granting the Commonwealth an extension under Pa.R.Crim.P. 1100; (3) the identification evidence was insufficient to find appellant guilty beyond a reasonable doubt, and (4) the sentence imposed was excessive. For the reasons stated below, we affirm the judgment of sentence.

The relevant facts are as follows. On December 8, 1982, at approximately 2:23 p.m., East Brandywine Township Police Chief John J. Harp received a radio report that three black males donning ski masks were observed outside a Little Washington bank. The three men were said to be driving a yellow-bottomed, black-topped 1978 or 1979 Chevrolet. Chief Harp had received a report earlier that day that three black males were seen putting on ski masks outside another local bank.

Using an unmarked car, Chief Harp drove towards the Little Washington bank. While driving on a rural road less than a mile from the bank, Chief Harp noticed three black males, one of them appellant, standing in the middle of the road next to a reddish brown and green 1971 Chevrolet. As soon as the men saw the police chief approach, they quickly got into the 1971 Chevrolet and sped away.

Chief Harp drove after them. He noted that the Chevrolet ran one stop sign and exceeded the speed limit by moving up to 65 miles per hour. In addition, the two passengers in the Chevrolet ducked down to keep hidden. During the chase, Chief Harp used his siren and flashing lights. Finally, the three men pulled over. Other police

[ 344 Pa. Super. Page 340]

    officers arrived immediately and kept the men in custody while the chief returned to the spot where he first noticed the men. He saw a log on the roadside which looked as if it had recently been moved. The log blocked a dirt lane running through a field. About 500 feet down the lane, Chief Harp saw a 1978 yellow-bottomed, black-topped Chevrolet. Chief Harp radioed for information and discovered that the car had been stolen that same day. He notified the state police and was soon joined by state troopers. On examining the Chevrolet, the chief noted that its engine was still warm and had been hot-wired.

The chief and the state troopers returned to where the three men were being detained, and the troopers placed the men under arrest. In total, appellant and his two companions were ...


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