Appeal from the Judgment of Sentence of November 12, 1985 in the Court of Common Pleas of Philadelphia County, Criminal Division, No. 8302-2962-68.
Teresa C. Deni, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.
Watkins, Cercone and Hester, JJ.
[ 361 Pa. Super. Page 528]
This is an appeal from a judgment of sentence imposed after a jury convicted appellant, Emmitt Vinson, of robbery, criminal conspiracy and carrying firearms on public streets
[ 361 Pa. Super. Page 529]
or public property. After post-verdict motions were denied, the court sentenced appellant to ten (10) to twenty (20) years imprisonment on the robbery conviction, a concurrent term of five (5) to ten (10) years imprisonment on the conspiracy conviction and a concurrent term of two (2) to five (5) years imprisonment on the firearms conviction. This appeal followed.
On January 14, 1983 at approximately 9:50 p.m. appellant and his companion robbed a Philadelphia Parking Authority cashier, at gunpoint, and fled with $468.00. The cashier notified the police who responded promptly. He described appellant as a black male, 28 to 30 years old, approximately 6'1" tall and 170 pounds, wearing a long white trench coat, blue denims which were cutoff at the cuff, and white socks. The cashier described appellant's companion as being a 28 to 30 year old black male, weighing 190 pounds and wearing a multicolored "lumberman jacket" with a tweed cap. The car was described as a 1974 to 1977 Grand Prix, dark blue with white pinstripes, a vinyl roof and a Pennsylvania license plate.
Approximately five to ten minutes after hearing the robbery report over the police radio, the arresting officers saw a car which fit the description at a gasoline station, located only a few minutes away by car from the robbery scene. The officers pulled up and asked the driver, the appellant, for some identification and for the car registration. While the officer's partner ran a check on the driver, the officer observed a crumpled trench coat in the back of the car. He then walked over to the driver's side and through the open door saw a pistol protruding from under the seat. The officers then handcuffed the suspects and searched them. The police recovered approximately $425.00 and also found a knife in the front seat of the car.
The officers radioed that they had two suspects and requested that the complainant be brought to them for a possible identification. When the complainant saw the officer pull up in the appellant's car, he yelled, "That's the car." He then identified the appellant.
[ 361 Pa. Super. Page 530]
Appellant's initial argument on appeal is that he was stopped and subsequently arrested without probable cause as there were too many discrepancies between the physical description of the culprits in the radio call and the actual appearances of appellant and his companion. Appellant further claims that the search of his person and his automobile and the complainant's ...