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[U] Commonwealth v. Patton

Superior Court of Pennsylvania

June 24, 2013

COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE SINDALL PATTON, Appellant COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE SINDALL PATTON, Appellant COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE SINDALL PATTON, Appellant COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE SINDALL PATTON, Appellant COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE SINDALL PATTON, Appellant COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE SINDALL PATTON, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered March 27, 2012, in the Court of Common Pleas of Centre County Criminal Division at Nos. CP-14-CR-0001594-2007, CP-14-CR-0001608-2007, CP-14-CR-0001598-2007, CP-14-CR-0001600-2007, CP-14-CR-0001601-2007, CP-14-CR-0001604-2007

BEFORE: STEVENS, P.J., FORD ELLIOTT, P.J.E., AND OLSON, J.

MEMORANDUM

FORD ELLIOTT, P.J.E.

Appellant comes before us challenging the denial of his petition brought pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541-9546. Finding no error, we affirm.

Following a jury trial, appellant was found guilty of seven counts of robbery, eight counts of theft by unlawful taking, eight counts of receiving stolen property, two counts of simple assault, and two counts of criminal attempt (robbery). During appellant's direct appeal, this court summarized the facts underlying his conviction:

Patton was charged with the above crimes as well as other charges in connection with robberies and attempted robberies occurring between July 22, 2007 and August 8, 2007, in Centre County, Blair County, Clinton County and Huntingdon County. Each robbery involved a man, wearing black or blue clothing and a ski mask or bandanas, holding what appeared to be a black handgun, and demanding money. In some of the robbery incidents, the man was observed to be accompanied by a woman driving a vehicle with a cream-colored convertible top. After a robbery that occurred on August 8, 2007, at Snappy's Convenience Store on North Atherton Street, State College, the police gave chase and stopped a Sebring convertible. The passenger in the car fled, and the police arrested the driver, Caroll Patton ["Caroll"], who is Patton's sister. Upon searching the vehicle, the police found an inoperable handgun, clothing items, marijuana, and other evidence. [Caroll] implicated her brother in the robberies, and he was subsequently arrested.
Prior to trial, Patton filed an omnibus pretrial Motion requesting that the case be dismissed for lack of jurisdiction and improper venue. The trial court denied the Motion. The Commonwealth filed a Motion to consolidate charges, which the trial court granted. After a jury trial, Patton was convicted of the above-captioned offenses.[Footnote 2] He was sentenced to consecutive sentences on the seven robbery counts. On the two counts of criminal attempt (robbery), the trial court ordered Patton to serve sentences concurrent with the robbery sentences. Patton's aggregate sentence was 22 years, nine months to 45 years, six months.
[Footnote 2] Patton was found not guilty of two of the robbery charges.

Commonwealth v. Patton, No. 744 MDA 2008, unpublished memorandum at 1-2 (Pa.Super. filed August 27, 2009). A panel of this court affirmed appellant's judgment of sentence. Id. On March 23, 2010, the Pennsylvania Supreme Court denied appellant's petition for allowance of appeal.

On March 22, 2011, appellant filed a pro se petition for PCRA relief. Hollyce Winters, Esq., was appointed to represent appellant. An amended petition was filed on August 22, 2011. Following a hearing, the Honorable Bradley P. Lunsford, who also presided over the trial, denied the petition. Appellant filed a notice of appeal on April 26, 2012. On May 4, 2012, appellant was directed to file a concise statement of errors complained of on appeal within 21 days pursuant to Pa.R.A.P., Rule 1925(b), 42 Pa.C.S.A.

Appellant filed a concise statement on August 2, 2012, and the PCRA court has filed an opinion.[1]

Herein, two issues have been presented for our review:

A. Did the lower court err in determining that no prejudice resulted from [Caroll's] statements made to her attorney prior to testifying as said ...

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