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COMMONWEALTH PENNSYLVANIA v. TYRONE COOK (04/28/89)

filed: April 28, 1989.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
TYRONE COOK, APPELLANT



Appeal From Judgment of Sentence February 3, 1988 In Court of Common Pleas, Criminal Division, Philadelphia County at Nos. 1570, 1/87, 1571, 1574

COUNSEL

John Packel, Assistant Public Defender, Philadelphia, for appellant.

Donna G. Zucker, Assistant District Attorney, Philadelphia, for Com., appellee.

Cavanaugh, McEwen and Popovich, JJ.

Author: Cavanaugh

[ 383 Pa. Super. Page 617]

This direct appeal from judgment of sentence comes before us following a jury conviction of two counts of robbery and one count of carrying firearms on public property.

On July 2, 1987, appellant, Tyrone Cook, was convicted of the aforementioned charges. On July 3, 1987, boilerplate post-verdict motions were filed. Supplemental post-trial motions were filed on October 26, 1987. These motions were denied on February 3, 1988, and appellant was sentenced to an aggregate term of 12 1/2 to 25 years imprisonment. Privately retained counsel, Thomas W. Moore, Esquire, represented Mr. Cook from the inception of the trial through sentencing. Appellant then filed a pro se appeal. The Defender Association of Philadelphia was appointed to represent Mr. Cook on this direct appeal.

Appellant presents two claims for our review:

1. Did the trial court err in refusing to declare a mistrial and in giving supplemental instructions to a jury that had twice professed to be deadlocked, where those instructions had the effect of coercing jury members in the minority to surrender their position and join the numerical majority?

[ 383 Pa. Super. Page 6182]

. Was not trial counsel ineffective to the extent that he failed to properly preserve for appellate review the meritorious claims made in Question 1, supra?*fn1

After a careful review of these issues and the record, we affirm.

At the outset, appellant argues that the lower court gave an erroneous supplemental jury instruction which had the impermissible effect of coercing a minority juror into joining the majority. Following a trial which lasted less than a day and a half, the jury retired to deliberate at 12:08 P.M. on July 1, 1987. (N.T. 7/1/87, p. 45). At 3:55 P.M. on the same date, the jury sent the following note to the trial court:

"Your Honor, Judge Halbert, the jury is hopelessly deadlocked on the following two bills: Bill 1571 Robbery, the victim being Valerie Brown, and Bill ...


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