NO. 2666 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Criminal at No. 2331, 2332, 2333, 2335 and 2338, October Term, 1980.
Stanton M. Lacks, Philadelphia, for appellant.
Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Brosky, Wieand and McEwen, JJ. Brosky, J., files a concurring opinion. Wieand, J., files a concurring and dissenting opinion.
[ 343 Pa. Super. Page 122]
We here study an appeal from a judgment of sentence imposed following a jury trial at which appellant was found guilty of second degree murder, robbery, kidnapping, conspiracy and prohibited offensive weapons and sentenced to serve a life term.*fn1 Appellant presents various allegations of ineffective assistance of counsel*fn2 and argues that the sentence imposed on multiple inchoate offenses was improper.*fn3 We affirm the second degree murder and conspiracy
[ 343 Pa. Super. Page 123]
convictions, but vacate the judgment of sentence upon the prohibited offensive weapons conviction which was to have been served concurrently with the life sentence for murder.
As the victim, a 68 year old man, approached his parked Cadillac in a shopping center in Lower Merion, Pennsylvania, appellant's two accomplices forced him at the point of appellant's sawed-off shotgun into the back seat of the Cadillac and proceeded to follow appellant who was driving a Volkswagen. Appellant and his accomplices drove through Fairmount Park where they took the victim's wallet before releasing him. The complaint of the victim was recorded by a radio dispatcher:
CALLER: I was coming out of the Acme in Bala and my wife was waiting and I walked to my car and these guys were waiting for me.
RADIO: And what happened?
CALLER: They put me, I can't talk, I have a heart condition.
RADIO: Yeah, well just . . .
CALLER: They put me in the car, cleaned me out. They let me out down here. They had a sawed-off shotgun on me. Okay.
CALLER: So, I'm standing here waiting.
RADIO: All right, what's your car there?
CALLER: No, they went with it. I got a black Seville, Cadillac.
CALLER: Yeah, two black ones and, and there was one in a, another one or two in a little Volkswagen was following.
RADIO: Just try, try to relax if you can. They'll be right there.
[ 343 Pa. Super. Page 124]
RADIO: I'm gonna just keep you on the line.
RADIO: Which way did they go in your Cadillac, do you have any idea?
CALLER: They kept riding along this road that goes past the Playhouse.
RADIO: Do you have any medication that you could be taking or anything?
CALLER: Yeah, I got a nitro.