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COMMONWEALTH PENNSYLVANIA v. KENNETH EARL REED (01/26/88)

submitted: January 26, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
KENNETH EARL REED, APPELLANT



Appeal from Order of the Court of Common Pleas, Criminal Division, of Lawrence County, Nos. 253-255 and 255A 1983.

COUNSEL

John M. Fray, Ellwood City, for appellant.

J. Craig Cox, Assistant District Attorney, New Castle, for Com., appellee.

Brosky, Wieand and Del Sole, JJ.

Author: Wieand

[ 374 Pa. Super. Page 512]

The issue in this appeal is whether a defendant who unlawfully receives some of the property taken in a burglary can be ordered, as part of his sentence, to make restitution for all property taken in the burglary.

In one information (# 253A of 1983), Kenneth Earl Reed was charged with theft by receiving stolen property as follows: "brake fluid, engine cleaner, spray paint, antenna, floor jack and stereo the property of M and A Distributors with a value in excess of $50.00 but less than $200.00."

In another information (# 254 of 1983), Reed was charged with theft by receiving the following stolen property: "scubapro watch the property of B & B Marine with a value in excess of $200 but less than $2000."

In neither instance was Reed charged with committing the burglary in which these items had been taken.

In a consolidated trial before a jury, Reed was found guilty of both charges of receiving stolen property.*fn1 The evidence at trial tended to fix the value of the scubapro watch at $280.00. The value of the items found in Reed's possession from the M & A Distributors burglary was not specifically determined, although the criminal complaint had fixed their value at $118.10.

Reed was sentenced for receiving the stolen property taken in the M & A Distributors burglary to serve a term of imprisonment for not less than six months nor more than twelve months and to make restitution in the amount of $6,205.71. For receiving the stolen scubapro watch, which had been taken in the B & B Marine burglary, Reed was sentenced to serve a consecutive term of imprisonment for not less than six months nor more than twelve months and to make restitution in the amount of $5,796.96. In each

[ 374 Pa. Super. Page 513]

    instance, the restitution which Reed was ordered to make was based upon the total loss sustained in the burglary in which the property ...


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