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COMMONWEALTH PENNSYLVANIA v. JOHN A. SESTINA (08/12/88)

filed: August 12, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN A. SESTINA, APPELLANT



Appeal from the Judgment of Sentence of September 4, 1987, in the Court of Common Pleas of Warren County, Criminal Division, at No. 388 of 1986.

COUNSEL

George N. Daghir, Saint Marys, for appellant.

Janice Haagensen, Assistant District Attorney, Shelburne, for Com., appellee.

Cirillo, President Judge, and Beck and Popovich, JJ.

Author: Beck

[ 376 Pa. Super. Page 443]

Appellant was convicted by a jury of driving under the influence of alcohol*fn1 and of causing an accident involving damage to unattended vehicles or property.*fn2 The jury found that appellant, while driving with a blood alcohol content of over .10%, damaged a speed-limit sign, a mail box, and a utility pole. Appellant was sentenced to 48

[ 376 Pa. Super. Page 444]

    hours to six months in jail and was ordered to pay a $300 fine.

The record reveals that after the accident, appellant left the scene. He failed to leave any information identifying himself and failed to notify the police. Information provided by witnesses led the police to appellant's apartment, where appellant came outside to speak to the police. When speaking to appellant, the police officer smelled alcohol on appellant's breath. Appellant acknowledged that he had consumed a six pack of beer and had been involved in an accident. Appellant then consented to a blood alcohol test; the test resulted in a reading of .19% blood alcohol content.

Appellant raises the following issues on appeal: 1) whether the arresting officer lacked jurisdiction to arrest appellant; 2) whether the Commonwealth failed to prove jurisdiction by failing to establish that the offense occurred in Warren County; 3) whether appellant's statements to the police should have been suppressed pretrial because of the Commonwealth's failure to establish the corpus delecti; 4) whether appellant was denied his right to appeal because the opening and closing remarks were not transcribed; and, 5) whether the trial court erred in not allowing a defense witness to testify as to the amount of beer consumed by appellant in a certain bar. None of these claims are meritorious. We therefore affirm the judgment of sentence.

Appellant was arrested in Glade Township, situated in Warren County, by a member of the Warren Borough Police Department. Warren Borough is also situated in Warren County. Appellant argues that the Warren Borough arresting officer lacked jurisdiction to make the arrest in Glade Township because the officer had not properly obtained consent to act beyond his jurisdiction, Warren Borough. Appellant contends that the arresting officer's action violated the Municipal Police Jurisdiction Act, 42 Pa.Cons.Stat.Ann. § 8951 et seq. (Purdon 1982). This statute delineates the circumstances under which a municipal police officer may make an arrest beyond the territorial

[ 376 Pa. Super. Page 445]

    limits of his primary jurisdiction. 42 Pa.Cons.Stat.Ann. ...


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