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COMMONWEALTH PENNSYLVANIA v. ANNE MARKOVITCH (06/27/89)

submitted: June 27, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
ANNE MARKOVITCH, APPELLANT



Appeal from the Judgment of Sentence Docketed January 26, 1988 in the Court of Common Pleas of Philadelphia County Criminal Division, No. 87-06-368-370.

COUNSEL

A. Charles Peruto, Sr., Philadelphia, for appellant.

Donna G. Zucker, Asst. Dist. Atty., Philadelphia, for the Com., appellee.

Del Sole, Tamilia and Cercone, JJ.

Author: Cercone

[ 388 Pa. Super. Page 245]

This is an appeal from the judgment of sentence. After a hearing, appellant, Anne Markovitch's motion to suppress evidence and non-verbal statement was denied by a suppression court. Appellant was found guilty by a jury of criminal

[ 388 Pa. Super. Page 246]

    conspiracy,*fn1 manufacture, delivery or possession with intent to manufacture or deliver a controlled substance*fn2 and possession of drug paraphernalia.*fn3 Post-verdict motions were inadvertently filed late by trial counsel. Trial counsel then filed a petition for leave to file a motion for new trial and in arrest of judgment nunc pro tunc. After a hearing, the lower court considered the post-verdict motions and denied them on the merits. Appellant was then sentenced to serve an eleven and one-half (11 1/2) to twenty-three (23) month sentence of imprisonment. A notice of appeal was timely filed by appellate counsel. We affirm.

On appeal, appellant raises three issues for our review: (1) whether trial counsel was ineffective for failing to file timely post-verdict motions; (2) whether the lower court erred in denying the pretrial motion for suppression of evidence; and (3) whether there was insufficient evidence to support the verdicts of guilty. The lower court made findings of fact which are summarized as follows. On May 19, 1987, Philadelphia Narcotics Officer Rosemary Giordano obtained a search warrant pursuant to information she had obtained from an informant. The warrant authorized the search of 3027 Lee Street and the seizure of controlled substances, any devices used in weighing and packaging, and any documents or records reflecting narcotics sales, proceeds from illegal sales and proof of residency. Pursuant to the warrant, seven policemen went to 3027 Lee Street. Two of the officers went to the rear alley behind the house while the rest of the officers, including Officer Giordano and Sergeant William Perkis, went onto the front porch of the house. Officer Giordano knocked on the front door and identified themselves as police and announced that they had a warrant. There was no response. Sergeant Perkis felt vibrations of someone moving about in the house and looked through the front window. He observed four persons, including appellant come from the direction of the

[ 388 Pa. Super. Page 247]

    basement door and run towards the back door of the house. Both the basement door and the back door were located in the kitchen.

Sergeant Perkis advised that persons were going out the back door and directed that force be used to open the front door. Sergeant Perkis entered through the window and the others entered the front door after using force to open it. Led by Sergeant Perkis, the officers went through the house into the kitchen. Appellant was detained by Sergeant Perkis and Officer Giordano on the steps leading from the house down into the yard. Four others were detained in the yard by the other officers.

Sergeant Perkis returned to the kitchen and proceeded to the basement of the premises to determine if there were any other persons present. He found an octagonal, glasstop table in the basement with chairs around it, and three jackets around several of the chairs. On the table were various drugs and drug paraphernalia. The table was being used to cut and package what appeared to be cocaine. After observing this scene, Sergeant Perkis immediately returned to the yard, announced what he had found and directed that all the detainees be ...


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