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COMMONWEALTH PENNSYLVANIA v. EDMUND BAILEY (07/25/88)

filed: July 25, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
EDMUND BAILEY, APPELLANT



Appeal from the Judgment of Sentence, June 22, 1987, Court of Common Pleas, Criminal Division, Delaware County, No. 2954-86

COUNSEL

John D. Fognano, Philadelphia, for appellant.

Sandra L. Elias, Deputy District Attorney, Media, for Com., appellee.

Cavanaugh, Wieand and Del Sole, JJ. Del Sole, J., concurs in the result.

Author: Cavanaugh

[ 376 Pa. Super. Page 293]

This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Delaware County, sentencing the appellant to an eighteen (18) month to five (5) year term of incarceration following his conviction on the charge of possession with intent to deliver or manufacture a controlled substance and a six (6) to twelve (12) month term of incarceration on the charge of delivery of, possession with intent to deliver, or manufacture with the intent to deliver, drug paraphernalia.*fn1 We affirm.

The facts as developed at trial are as follows. On May 22, 1986, State Trooper James D. Caccimelio observed the appellant operating a blue Chevrolet sedan on Interstate 95. The officer testified that he clocked the appellant travelling at a rate of 79 mph in the 55 mph zone; accordingly, he stopped the vehicle and asked for the appellant's driver's license and registration. When the appellant was unable to provide the foregoing documentation, Officer Caccimelio requested additional identification, whereupon the appellant removed a clear plastic bag containing a smaller bag filled with a white substances from the right breast pocket of his shirt. The officer testified that he "suspected it was a controlled substance of some sort." (N.T. 12/1/86 at p. 14.) He thereafter demanded to see the bag which the appellant had by that time returned to his pocket. In response to the trooper's request, the appellant produced a white opaque

[ 376 Pa. Super. Page 294]

    envelope from the same pocket but, not satisfied, Officer Caccimelio reached into the pocket himself and retrieved the clear plastic bag he had previously observed. He described the bag in the following manner at trial:

It was a small plastic bag containing a white substance inside. Now within the -- within that small plastic bag was a smaller plastic bag probably one by two inches. And it had a substance inside of that.

(N.T. 12/1/86 at p. 16.)

Suspecting that the substance was methamphetamine, Officer Caccimelio directed the appellant to step out of the vehicle. He then led him to the rear of said vehicle, applied handcuffs and reached into the appellant's right front pants pocket; this search revealed an additional plastic bag containing a white substance. Miranda warnings were subsequently administered, whereupon Officer Caccimelio placed the appellant in his vehicle and proceeded to conduct a search of the Chevrolet sedan. He testified that during the course of this search, he detected a "chemical-type smell."*fn2 After obtaining the keys from the appellant, the trooper opened the trunk of the Chevrolet sedan and found the following items:

(N.T. 12/1/86 at p. 33.)

The contents of the trunk were admitted into evidence at the jury trial, which commenced on December 2, 1986.*fn3 Verdicts of guilty as to all charges were rendered on December ...


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