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COMMONWEALTH PENNSYLVANIA v. GAIL DENNY (09/25/87)

filed: September 25, 1987.

COMMONWEALTH OF PENNSYLVANIA
v.
GAIL DENNY, APPELLANT



Appeal from the Judgment of Sentence in the Court of Common Pleas, Criminal Division, of Chester County at No. 1075 of 1985.

COUNSEL

Alan M. Rosen, Philadelphia, for appellant.

Stuart Suss, Assistant District Attorney, West Chester, for Com., appellee.

Cirillo, President Judge, and McEwen and Tamilia, JJ.

Author: Cirillo

[ 372 Pa. Super. Page 318]

This is an appeal from a judgment of sentence entered in the Court of Common Pleas, Chester County.

Appellant Gail Denny was convicted of exceeding the maximum speed as proscribed by 75 Pa.C.S.A. ยง 3362. Her citation indicated that she had been clocked by a KR-10 radar device as travelling at 69 miles per hour in a 55 mile per hour speed zone. Appellant appealed pursuant to Pa.R.Crim.P. 63(b)(3), and a de novo hearing was held before President Judge Stively on March 19, 1986.

On July 22, 1986, appellant's post-trial motions were denied. On September 29, 1986, appellant was sentenced in absentia. Appellant was notified of the sentence and her right to appeal within thirty days when she received a letter from the District Attorney's Office dated November 12, 1986. Denny received this letter on or about November 15. Notice of appeal was filed in this court on December 15, 1986.

[ 372 Pa. Super. Page 319]

We consider the following question on appeal: whether the trial court erred in admitting into evidence a Certificate of Accuracy of a radar speed timing device, where the Commonwealth failed to introduce competent evidence that the issuer of the Certificate was a testing station approved Page 319} by the Department of Transportation at the time it allegedly tested the radar device in question?

Section 3368(d) of the Vehicle Code provides:

All mechanical, electrical or electronic devices shall be of a type approved by the department, which shall appoint stations for calibrating and testing the devices and may prescribe regulations as to the manner in which calibrations and tests shall be made. The devices shall have been tested for accuracy within a period of 60 days prior to the alleged violation. A certificate from the station showing that the calibration and test were made within the required period, and that the device was ...


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