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COMMONWEALTH PENNSYLVANIA v. CHRISTINE MARIE LYMPH (03/17/88)

filed: March 17, 1988.

COMMONWEALTH OF PENNSYLVANIA,
v.
CHRISTINE MARIE LYMPH, APPELLANT



Appeal from the Judgment of Sentence entered April 28, 1987, Court of Common Pleas, Dauphin County, Criminal Division at No. 424 CD 1986.

COUNSEL

Douglas B. Marcello, Harrisburg, for appellant.

Yvonne A. Okonieski, Deputy District Attorney, Harrisburg, for Com., appellee.

Olszewski, Del Sole and Johnson, JJ.

Author: Johnson

[ 372 Pa. Super. Page 98]

This is an appeal from a Judgment of Sentence. Because we find that Capitol Police Officer Chiricos acted within the parameters of his authority, we affirm.

On the evening of January 2, 1986, Officer Kessler, State Capitol Police Department, was on foot patrol in the area of the parking garage near the Main Capitol Building. A vehicle approached and stopped at the entrance booth to the garage. The driver of the vehicle informed Officer Kessler that he intended to drop off his female passenger, appellant, Christine Lymph, at her car. Officer Kessler testified at trial:

A. At that point when I leaned down to answer the driver, so I could speak to him, I looked in the vehicle. I saw the passenger who was identified as the defendant.

She appeared -- I might note there are bright lights there. There is fluorescent lights overhead so it is

[ 372 Pa. Super. Page 99]

    quite illuminated. She appeared to be slouched. Her eyes appeared to be glassy. She appeared, generally, to be intoxicated.

N.T. 5/15/86 at 7.

The car proceeded down into the lower levels of the garage. A minute or two later, Officer Kessler heard a woman's voice, loud but unintelligible. The officer next observed two vehicles leaving the garage -- one operated by the male in the same vehicle in which he had arrived, and the other operated by appellant. Officer Kessler then broadcast an alert for a driver under the influence together with a description of appellant and her vehicle, stating his belief that she was under the influence of alcohol.

Capitol State Police Officer Chiricos received Officer Kessler's radio communication while in his patrol car within the Capitol Complex. He then observed defendant's vehicle approximately two blocks ahead as it entered the State Street Bridge going eastbound. He followed her vehicle and made the following observations:

A. The vehicle braked sharply right at 21st Street, right near the Parkside Cafe, on that curve there. The vehicle braked sharply and traveled over the yellow line and an oncoming car kind of veered off a little to avoid it. Then, after that, the vehicle crossed the center yellow line approximately four to five times between 21st Street and 25th Street, in that four block area.

N.T. 5/15/86 at 22.

Officer Chiricos testified that at the time of his observations he was on official patrol duty which included state owned property at 21st Street and State Street. The officer's patrol route was the same as appellant's course of travel. After making his observations Officer Chiricos stopped appellant's vehicle. He testified that appellant's eyes were red and glassy and that he could detect an odor of alcohol emanating from appellant's car window. He asked her to perform various field tests which she ...


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