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COMMONWEALTH PENNSYLVANIA v. ROBERT G. KINCADE (06/04/86)

submitted: June 4, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT G. KINCADE, APPELLANT



Appeal from the Order entered February 3, 1984 in the Court of Common Pleas of Lawrence County, Criminal NO. 196 of 1980.

COUNSEL

Dan P. Wimer, New Castle, for appellant.

William M. Panella, District Attorney, New Castle, for Com., appellee.

Rowley, Del Sole and Cercone, JJ.

Author: Del Sole

[ 358 Pa. Super. Page 592]

Appellant was charged with criminal trespass,*fn1 simple assault,*fn2 and criminal mischief.*fn3 At the close of the

[ 358 Pa. Super. Page 593]

Commonwealth's case, the court granted a motion to dismiss the charge of criminal trespass and stated, "[t]he motion of the Defendant to dismiss or order a directed verdict on the criminal mischief charge . . . is refused; however the degree of the offense is reduced to a summary." (Trial Transcript at 132).*fn4 The court at that time also removed the charge of criminal mischief from the jury. Appellant was subsequently found not guilty of simple assault and the court found Appellant guilty of criminal mischief. Post-trial motions were filed and denied. Thereafter Appellant was sentenced to ninety days probation, fined two hundred fifty dollars and ordered to pay the costs of prosecution. This timely appeal followed.

On appeal, Appellant asks:*fn5

[ 358 Pa. Super. Page 5941]

. Whether a person can be found guilty of criminal mischief when the Commonwealth introduces no evidence as to pecuniary damage.

2. Whether trial counsel was ineffective for:

     a. failing to sufficiently raise the issue of Appellant's ownership ...


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