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COMMONWEALTH PENNSYLVANIA v. DANIEL W. ATWOOD (08/15/88)

submitted: August 15, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
DANIEL W. ATWOOD, APPELLANT



Appeal from the Judgment of Sentence in the Court of Common Pleas of Erie County, Criminal Division, No. 121 of 1987

COUNSEL

Alonzo Burney, McKeesport, for appellant.

Paul E. Von Geis, Pittsburgh, for Com., appellee.

Tamilia, Popovich and Hoffman, JJ.

Author: Per Curiam

[ 378 Pa. Super. Page 22]

Throughout the early 1980's, appellant held himself out to the public as a minister of the Gospel by conducting revival meetings and evangelistic services. After the services, however, appellant would meet privately with certain individuals requesting money and/or jewelry from them to support his ministry in one way or another. The request for money was most always accompanied with a promise to repay, resulting in numerous individuals or couples lending him money which was never repaid. Appellant now claims

[ 378 Pa. Super. Page 23]

    in several instances these loans were actually gifts to him or his ministry.

On July 29, 1987, following a lengthy jury trial, appellant was convicted on six counts of theft by deception, one count of theft by failure to make required disposition of funds received, three counts of perjury and one count of false swearing. On January 8, 1988, appellant was sentenced to nine to eighteen months incarceration on each count of theft by deception, two years probation for theft by failure to make required disposition of funds received, one and one-half to three years for each count of perjury and two years probation for false swearing, all sentences to run consecutively for an aggregate period of incarceration of nine to eighteen years followed by four years of probation. Appellant filed a petition for modification/reduction of sentence, which was granted, thereby reducing his aggregate period of incarceration to six to eighteen years.

Appellant filed a notice of appeal on February 4, 1988 and the trial court, on February 10, 1988, ordered appellant to file a concise statement of matters complained of on appeal in accordance with Pa.R.A.P. 1925(b). Appellant never complied so the trial court filed its memorandum Opinion on March 15, 1988 stating it could not begin to speculate what appellant's issues may be. Therefore, we are left without the benefit of the trial court's Opinion regarding appellant's numerous issues.

Nineteen issues have been raised on appeal as follows:

I. Whether the trial court erred in the denial of Appellant's Motion to Sever Charges.

II. Whether the trial court erred in part in the denial of Appellant's Petition for Discovery Pursuant to Rule 305, Pennsylvania Rules of Criminal Procedure.

III. Whether the trial court erred in part in the denial of Appellant's Motion to Quash Information with respect ...


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