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Commonwealth v. Schultz

Superior Court of Pennsylvania

February 21, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
WENDY SCHULTZ, Appellant

Appeal from the Judgment of Sentence January 24, 2013 In the Court of Common Pleas of Monroe County Criminal Division No(s).: CP-45-CR-0000087-2012

BEFORE: BENDER, P.J., LAZARUS, and FITZGERALD, [*] JJ.

MEMORANDUM

FITZGERALD, J.

Appellant, Wendy Schultz, appeals from the judgment of sentence[1] entered in the Monroe County Court of Common Pleas following her jury trial conviction of burglary, [2] criminal conspiracy to commit burglary, [3] robbery, [4] criminal trespass, [5] theft by unlawful taking, [6] receiving stolen property, [7] unlawful restraint, [8] terroristic threats, [9] and recklessly endangering another person.[10] We affirm.

Appellant argues that her motion for a mistrial was improperly denied because the court admitted evidence by a police officer that she could have cleared her name had she taken a polygraph. Appellant objects to the following testimony, which occurred on direct examination by the Commonwealth of Trooper Sebastianelli:

[The Commonwealth]: And was there a time in July of 2011 when you became involved with the investigation of a burglary and a robbery . . . relating to the residence of [victim].
[Trooper Sebastianelli]: Yes, it wasn't my follow up investigation, but I ended up becoming involved when I received a call from [Appellant] . . . .
Q: And was this telephone call placed to the police barracks?
A: Yes, it came right to my desk.
Q: And did [Appellant] tell you why she was calling?
A: Yes, she said that her name was being thrown around as being involved with this robbery, the home invasion robbery at the victim's home, and she said Sebastianelli you know I didn't do this and it went on from there.
Q: What else did she tell you in the telephone call?
A: She said you know I didn't do this and the old man up there said that I didn't do it. I said Wendy I don't know what the victim had to say about this robbery. I said, but if you're looking to clear your name out of something, you want to come ...

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