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COMMONWEALTH PENNSYLVANIA v. LYNNE MARY DODSON TANUR (02/10/86)

submitted: February 10, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
LYNNE MARY DODSON TANUR, A/K/A/ LYNN TANUR, LYNNE TANUR, LYNNE DODSON, CAROL SCHWARTZ, APPELLANT



Appeal from the Order of the Court of Common Pleas of Somerset County granting Commonwealth's Petition to Dispose of Bond dated September 10, 1985 Criminal Division 185C & 478 Criminal 1984.

COUNSEL

Carolann A. Young, Somerset, for appellant.

David J. Flower, Assistant District Attorney, Somerset, for Com., appellee.

Kelly, Montgomery and Hester, JJ.

Author: Kelly

[ 355 Pa. Super. Page 189]

A criminal complaint was filed on March 30, 1984 before the Somerset County District Magistrate charging defendant/appellant with several counts of violation of the Controlled Substance, Drug, Device and Cosmetic Act.*fn1 Bond was set at ten thousand dollars ($10,000.00).

Defendant, residing in Allegheny County, voluntarily appeared before an Allegheny County District Magistrate to submit to process of a warrant for her arrest issued by Somerset County authorities. A cash percentage bail of 10% of the above amount, or one thousand dollars ($1,000.00), was required for defendant's release. Defendant was unemployed and without income; she requested that her mother, Mrs. Evelyn Dodson, obtain the cash to secure her release. Mrs. Dodson, a recent widow, used some of the insurance proceeds from her husband's life insurance policy for the bail money. Ms. Tanur, the defendant, took the money from her mother, handed it to the clerk of the court and signed the deposit slip for the bail. She then turned the deposit slip over to her attorney,*fn2 and was released pending further proceedings.

Ms. Tanur attended all of her scheduled court appearances. She pleaded guilty at trial in Somerset County to several of the original counts; the remaining charges were nolle prossed by agreement with the District Attorney. The defendant was sentenced on June 3, 1985 to a term of imprisonment, fines, restitution and court costs.

[ 355 Pa. Super. Page 190]

The Commonwealth filed a Petition on June 21, 1985 to Dispose of Bond. The net amount of the bail on deposit with the Clerk of Courts was nine hundred and ninety dollars ($990.00); ten dollars had been deducted to cover administrative costs. The Commonwealth sought to have the remainder used to cover defendant's fines, restitution and court costs.*fn3 An evidentiary hearing was held on July 24, 1985; defendant and her mother testified as to their opposition to having the bail utilized for the criminal penalties. They contended that since the money deposited originally belonged to Mrs. Dodson and not the defendant, the money should be returned to Mrs. Dodson. The Commonwealth presented no witnesses. On September 10, 1985 Judge Coffroth issued an Opinion and Order granting the Commonwealth's Petition. The appeal to this court followed. For the reasons stated below, we affirm.

The central issue before us on appeal is the definition of "depositor" of the bail money, as depositor is used in the rule, Pa.R.Crim.P. 4015.*fn4

Rule 4015. Receipt for Deposit; Return ...


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