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COMMONWEALTH PENNSYLVANIA v. GIUSEPPE GAROFALO (08/03/89)

filed: August 3, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
GIUSEPPE GAROFALO, APPELLANT



Appeal from Judgment of Sentence June 2, 1988, in the Court of Common Pleas of York County, Criminal No. 1610 CA 1987.

COUNSEL

James W. Harris, York, for appellant.

John Flinchbaugh, Asst. Dist. Atty., York, for Com.

Wieand, McEwen and Olszewski, JJ. McEwen, J., files a concurring statement.

Author: Olszewski

[ 386 Pa. Super. Page 365]

This is an appeal from a judgment of sentence after conviction for driving under the influence of alcohol pursuant to 75 Pa.C.S.A. § 3731(a)(4). On appeal, appellant raises several arguments for our review.*fn1 For the following reasons, we affirm the judgment of sentence.

[ 386 Pa. Super. Page 366]

On June 22, 1987, at approximately 2:48 a.m., appellant was stopped by two officers from the Northern York County Police Department after the officers noted that the rear lights on appellant's vehicle were not operational. Upon approaching the vehicle, one of the officers noted a strong odor of alcohol. Suspecting that appellant was under the influence, one of the officers requested that appellant perform several field sobriety tests. After failing two of the three tests, appellant was placed under arrest and taken to a hospital where a blood test was performed at approximately 3:35 a.m. The results of the blood test indicated that appellant had a blood-alcohol content of .12 percent.

Appellant was charged with driving under the influence under § 3731(a)(1) and (4) of the Motor Vehicle Code.*fn2 After a trial by jury, appellant was convicted of operating a vehicle while his blood-alcohol level was in excess of .10 percent, a violation of § 3731(a)(4). Post-trial motions were filed and denied, and appellant was sentenced to a term of imprisonment totaling 48 hours to one year plus a fine of $500. Appellant then filed the instant appeal.

Appellant's first contention relates to the admission of the results of his blood-alcohol test. Two arguments are

[ 386 Pa. Super. Page 367]

    advanced: first, that the introduction of the results violated the hearsay rule; and in the alternative, the introduction of the results violated the Confrontation Clause of the United States Constitution.

Before we address the merits of these claims, we must decide whether they are properly before this Court. It is well-settled that to preserve an issue for appellate review, two requirements must be met: first, the litigant must make a timely specific objection; and second, he must argue the alleged error on a post-trial motion. Commonwealth v. DeBooth, 379 Pa. Super. 522, 550 A.2d 570 (1988); Commonwealth v. Celijewski, 324 Pa. Super. 185, 471 A.2d 525 (1984); Commonwealth v. Hughes, 268 Pa. Super. 536, 408 A.2d 1132 (1979); Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974). Timeliness requires a specific objection at the proper stage in the questioning of a witness and at the proper stage in the trial proceedings. In the case at bar, appellant made no objection pre-trial or during testimony of this case which would indicate that he was ...


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