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COMMONWEALTH PENNSYLVANIA v. KENNETH JONES (02/23/87)

submitted: February 23, 1987.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
KENNETH JONES, APPELLANT



Appeal from the Judgment of Sentence August 7, 1986, in the Court of Common Pleas of Philadelphia County, Criminal No. 1252-1253-1250, 85-10.

COUNSEL

Catherine S. Wilson, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.

Rowley, Olszewski and Cercone, JJ. Rowley, J., concurs in the result.

Author: Olszewski

[ 365 Pa. Super. Page 58]

This is an appeal from judgment of sentence for possession of an instrument of crime, simple assault, and retail

[ 365 Pa. Super. Page 59]

    theft. Appellant argues that he had ineffective trial counsel in that she failed to preserve for appellate review claims of: (1) insufficient evidence to prove intent for the possession and the retail theft convictions, and (2) excessiveness of sentence. Upon review, we find that the trial court correctly rejected appellant's arguments. We therefore affirm.

After waiving his right to a jury trial, appellant was tried before the Honorable Joseph D. O'Keefe of the Court of Common Pleas of Philadelphia County. Judge O'Keefe accurately summarized the Commonwealth's uncontradicted testimony as follows:

[ 365 Pa. Super. Page 60]

Joe Bristow, rushed him and the knife fell to the ground. (N.T. p. 12).

The Commonwealth also presented the testimony of Joseph Bristow who corroborated Michael Hallinan's ...


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