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COMMONWEALTH PENNSYLVANIA v. GEORGE W. MANHART (01/28/86)

decided: January 28, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE W. MANHART, JR., APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Schuylkill County at No. 400-1983.

COUNSEL

Michael A. McGinley, Ashland, for appellant.

Jacqueline L. Russell, Assistant District Attorney, Pottsville, for Com., appellee.

Wickersham, Beck and Cercone, JJ.

Author: Wickersham

[ 349 Pa. Super. Page 554]

This is an appeal from the judgment of sentence imposed by the Honorable Donald D. Dolbin of the Court of Common Pleas of Schuylkill County. Appellant, George W. Manhart, Jr., was tried and convicted by a jury of robbery*fn1 and other related crimes. We affirm the judgment of sentence.

On May 7, 1983, at approximately 1:00 A.M., Ms. Vicki Urbon, the proprietor of Urbon's Pharmacy, was disturbed by a loud crash below her second floor apartment. Ms. Urbon immediately ran down the stairway leading from her apartment to the pharmacy located on the first floor. Entering the pharmacy, she noticed that the door leading to the street had been smashed.

At this time, an intruder approached Ms. Urbon armed with a hand gun. Two lights, one three (3) feet and another ten (10) feet from her, illuminated his features. Ms. Urbon testified that the intruder was no more than three (3) feet from her and that she "had a one hundred percent look at [his] face." N.T. at 49. She described the intruder as approximately 5'8" tall, and between 140-150 pounds, with brown hair and brown eyes. He was dressed in blue jeans, a bright blue short-sleeve shirt, cowboy boots, and a rolled

[ 349 Pa. Super. Page 555]

    up knit hat, according to her testimony. Ms. Urbon noted that the intruder had a mark on his upper lip and that his eyes "drifted" and did not move in unison with one another.

Ms. Urbon further testified that the intruder spoke to her for about five minutes and demanded certain drugs by placing the hand gun to her head and threatening to kill her. Ms. Urbon stated that she complied with the gun-toting intruder's demands, handing him several bottles of narcotics from a storage cabinet. As the intruder attempted to exit through the damaged front door, he slipped, cutting his right forearm on the door's broken glass. He then regained his composure and took flight.

Ms. Urbon notified the Butler Township Police Department of the break-in. Shortly thereafter, Ms. Urbon reviewed a book of approximately 24-45 photographs and immediately identified a photograph of appellant. At a later time, Ms. Urbon was shown a different array of photographs, containing over 120 photos, and once again singled out appellant's picture.

Several days later, Trooper Bulavage of the Pennsylvania State Police, and Chief Davies of the Butler Township Police Department apprehended appellant. When appellant was arrested, both officers observed a partially healed cut on his right forearm. Additionally, they noticed that appellant had a deformed upper lip and one eye which tended to "wander."

Appellant was tried before a jury on charges of robbery, burglary, theft and reckless endangerment. Post-verdict motions being denied, appellant was sentenced to a total of two and one-half (2 1/2) to five (5) years imprisonment to run consecutive to any ...


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