Appeal from the Judgment of Sentence in the Court of Common Pleas of Philadelphia County, Criminal Division No. 1112, 1113, 1124, 1125, 1130, 1131, 1132, 1137 No. 1213, 1214, 1219, 1223, 1226, 1227, 1222, 1232 No. AUGUST TERM 1982
William P. James, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.
Cavanaugh, Olszewski and Tamilia, JJ.
[ 353 Pa. Super. Page 476]
This is an appeal from judgment of sentence following appellant's conviction on six counts of robbery, four counts of conspiracy and six counts of possessing an instrument of crime. The trial court sentenced appellant to a total of thirty to sixty years imprisonment by imposing consecutive five to ten year terms for each of the six robberies, concurrent five to ten year terms for each of the conspiracy convictions and concurrent two and one-half to five year terms for each of the charges of possessing an instrument of crime.
The facts indicate appellant's involvement in a series of six robberies committed on two appliance stores from December 1981 through April of 1982. Police arrested appellant at the residence of a friend and later learned of his actual residence. After obtaining a search warrant (items to be searched for were handguns, a white canvas bag and U.S. currency), police searched appellant's apartment and seized a radio from a tabletop. By examining the serial number of the radio, the officer deduced, based on his own knowledge, that it was a radio taken during one of the robberies.
Appellant raises six issues on appeal alleging trial court error in:
1) Consolidating the six incidents of robbery into a single trial.
[ 353 Pa. Super. Page 4772]
) Failing to suppress admission of the radio into evidence.
3) Admitting testimony concerning the serial number written on a box which once contained the radio.
4) Failing to instruct the jury that alibi evidence need not be wholly believed to give rise to a reasonable doubt.
5) Refusing to instruct the jury it must consider each ...