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Commonwealth v. Callahan

Superior Court of Pennsylvania

September 23, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
VARIAN C. CALLAHAN, Appellant

Submitted August 4, 2014

Appeal from the PCRA Order of the Court of Common Pleas, Mercer County, Criminal Division at No(s): CP-43-CR-0000008-2009. Before DOBSON, J.

Randall T. Hetrick, Mercer, for appellant.

Robert G Kochems, Assistant District Attorney, Mercer, for Commonwealth, appellee.

BEFORE: DONOHUE, OLSON AND PLATT,[*] JJ.

OPINION

Page 119

OLSON, J.

Appellant, Varian C. Callahan, appeals from the order entered on January 14, 2014 denying his petition filed under the Post-Conviction Relief Act (" PCRA" ), 42 Pa.C.S.A. § § 9541-9546. We affirm.

This Court has previously summarized the factual background of this case as follows:

On December 17, 2008, Appellant approached the victim as she was taking her three-year-old son to day care at approximately 7:20 a.m. Appellant told the victim that he had a gun and demanded that she give him her money. The victim did not see a weapon and informed Appellant that she did not have any money. Appellant said that she had money in her purse or a bank account. The victim pleaded with Appellant not to harm her or her son. Appellant said that he would not hurt her if she turned over her money. The victim then walked with Appellant to her vehicle, where she removed [$200.00]. Appellant fled with the money, and the victim took her son into day care and asked a teacher to call the police.
Police transported the victim to the police station where she provided a statement. The victim also informed police that her assailant was wearing a black winter hat, a gray coat, and had a goatee. Police broadcast this information via their police radio. During the police interview with the victim, an officer observed

Page 120

a person matching the description of the perpetrator, whom he identified by name as Varian Callahan. The officer interviewing the victim, Officer Ryan Chmura, then left the police station in his cruiser to investigate the potential suspect. A 911 dispatcher also relayed that there was an outstanding arrest warrant for Appellant.
Officer Chmura located Appellant walking approximately six blocks from the day care and advised him of the outstanding warrant and that he was under arrest. Appellant fled before being tackled by Officer Chmura. He and two other officers attempted to remove Appellant's hands from his front waist area while Appellant continued to resist. Police then dry stunned him with a taser. Appellant did not have a weapon or any money on his person. The dry stun occurred at 7:56 a.m., approximately one-half hour after the reported robbery. Following Appellant's arrest, Officer Chmura returned to the police station and compiled an eight person photographic ...

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