Appeal From Judgment of Sentence, Court of Common Pleas, Criminal Division, Lehigh County, No. 18, 817 306/1985
Edward R. Eidelman, Public Defender, Allentown, for appellant.
Harold S. Stevens, Assistant District Attorney, Allentown, for Com., appellee.
Cavanaugh, McEwen and Montemuro, JJ.
[ 361 Pa. Super. Page 88]
The sole issue raised in this appeal is whether the lower court erred in granting a Commonwealth motion to consolidate and in denying a defense motion to sever three charges of prostitution, 18 P.S. § 5902(a)(1) and (2).
Appellant was arrested on August 24, 1984 for a prostitution offense which occurred on August 21, 1984; she was arrested on November 9, 1984 for an offense committed on November 8, 1984; and she was arrested on February 1, 1985 for the offense committed on January 30, 1985. Appellant was held over on all charges in separate informations. The lower court granted the Commonwealth's motion
[ 361 Pa. Super. Page 89]
to consolidate the cases, and denied the defense motion to sever because it found that evidence of each offense would be admissible at a separate trial for the others since appellant employed a distinctive modus operandi. The modus operandi, the lower court found, was revealed in the following similarities:
1. Appellant loitered in an area of Allentown known as the "tenderloin;"
2. Only white males were solicited;
3. These men drove cars on public ...