Commonwealth v. Santiago

16 Pa. D. & C.3d 769, 1980 Pa. Dist. & Cnty. Dec. LEXIS 293
CourtPennsylvania Court of Common Pleas, Chester County
DecidedApril 23, 1980
Docketno. 1456 of 78
StatusPublished

This text of 16 Pa. D. & C.3d 769 (Commonwealth v. Santiago) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Chester County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Santiago, 16 Pa. D. & C.3d 769, 1980 Pa. Dist. & Cnty. Dec. LEXIS 293 (Pa. Super. Ct. 1980).

Opinion

PITT, J.,

Defendant was arrested on August 24, 1978 and charged with criminal attempt homicide, robbery, receiving stolen property, terroristic threats, recklessly endangering another person, possession of a prohibited offensive weapon, and violation of the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. §6101 et seq. The charges arose out of the August 21, 1978 robbery of Conrad’s Market located in Tredyffrin Township, Chester County, Pa. After trial by jury, guilty verdicts were returned on all counts with the exception of criminal attempt homicide which was withdrawn at trial. Motions in arrest of judgment and for a new trial were timely filed and the matter is now before this court for disposition.

The record reveals that the defendant was stopped for erratic driving on August 24, 1978 by a police officer from Radnor Township, Pa. The officer ascertained via radio that the vehicle being operated by the defendant had been stolen earlier that morning. Upon requesting the defendant to remove himself from the vehicle the officer observed defendant tug upon the front of his shirt. A search of defendant’s person revealed a .38 caliber automatic weapon concealed under the defendant’s belt. The officer then observed a blackjack, screwdriver, and blue denim bag lying in plain view upon the console beside the driver’s seat. The officer was unable to determine the contents of the blue denim bag until he removed same from the vehicle whereupon he discovered a black ski mask and a pair of gloves. Both the weapon and the contents of the blue denim bag were introduced at trial as circumstantial evidence of defendant’s connection with the robbery of Conrad’s Market.

[771]*771The post-trial motions set forth 15 grounds upon which relief is sought. Initially, defendant maintains that the evidence was insufficient to support the verdicts, and that the verdicts were against the law and the evidence. Upon a review of the record we find that the verdicts were neither against the law nor against the evidence. We also find that the evidence was sufficient to support the verdicts. As stated by the court in Com. v. Tillery, 457 Pa. 466, 467-68, 326 A. 2d 329, 330 (1974):

“The test for determining the sufficiency of the evidence is ‘whether, accepting as true all the evidence, be it direct or circumstantial, and all reasonable inferences arising therefrom upon which, if believed, the trier of facts could properly have based the verdict, it is sufficient in law to prove beyond a reasonable doubt that the defendant is guilty of the crime or crimes of which he has been convicted.’” (Citations omitted.)

See also Com. v. Waldman, 484 Pa. 217, 398 A. 2d 1022 (1979); Com. v. Smith, 484 Pa. 71, 398 A. 2d 948 (1979). We find that under this test the evidence was sufficient to support the verdicts and defendant’s motion so grounded must be denied.

Defendant next contends that the trial court erred in denying his oral motion to suppress evidence. Said motion was raised for the first time at trial. Under Pa.R.Crim.P. 307 amotion to suppress evidence must be filed (see Pa.R.Crim.P. 306 and 323) or be waived, unless the opportunity did not previously exist or the interests of justice require otherwise. These exceptions to the time limitations of Rule 323(b) were not meant to apply to situations in which defendant and his counsel knew all the [772]*772facts necessary to file a suppression application well in advance of the filing deadline: Com. v. Fisher, 243 Pa. Superior Ct. 128, 364 A. 2d 483 (1976); Com. v. Duncan, 257 Pa. Superior Ct. 277, 390 A. 2d 820 (1978). The record indicates that trial counsel was indeed aware of all the facts necessary to file a suppression motion but through oversight failed to do so. Accordingly, the trial court properly exercised its discretion in denying defendant’s oral motion to suppress: Com. v. Cooke, 260 Pa. Superior Ct. 528, 394 A. 2d 1271 (1978).

Defendant’s contention that the trial court erred in denying defendant’s request for a continuance after his oral motion to suppress was denied is also without merit. By failing to file a timely suppression motion, defendant waived any objection to the admissibility of the evidence: Com. v. Fisher, supra. Accordingly, there was no need to delay the beginning of the trial.

Defendant next contends that he was denied his constitutional right to effective assistance of counsel in that trial counsel failed to file a timely motion to suppress the contents of the blue denim bag. Before inquiring into the basis for trial counsel’s failure to file a suppression motion, we must determine if the grounds supporting the motion were of arguable merit as a finding of ineffectiveness cannot be premised upon counsel’s failure to pursue and preserve a meritless issue: Com. v. Glass, 486 Pa. 334, 405 A. 2d 1236(1979); Com. v. Martin, 479 Pa. 63, 387 A. 2d 835 (1978).

Defendant has filed a petition for leave to enter into evidence in this proceeding the transcript of a suppression hearing held before the Court of Common Pleas of Delaware County in the case of Com. v. Santiago, No. 4654-78, wherein the Honorable [773]*773Clement J. McGovern, Jr. ruled that the contents of the blue denim bag were inadmissible in the Delaware County proceeding. Defendant argues that Judge McGovern’s suppression ruling, which was entered prior to the defendant’s trial in Chester County, demonstrates that trial counsel was ineffective in failing to file a suppression motion in the Chester County proceeding. We herein grant the relief requested in defendant’s petition so that the issue raised may be properly reviewed.

We note initially that the factual circumstances before the Delaware County Court were identical to those which would have been presented to the Chester County Court had a timely suppression motion been filed. However, for the reasons hereinafter stated, we do not believe that Judge McGovern’s ruling was a correct determination of the suppression issue. The transcript of the Delaware County suppression hearing reveals that the automobile which the defendant was operating and from which the blue denim bag was seized had been reported stolen a few hours prior to defendant’s arrest. In addition, defendant claimed no possessory interest in the blue denim bag or its contents and in fact testified that these articles were not his. Accordingly, defendant lacked standing to contest the seizure of the blue denim bag and its contents: Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed. 2d 387 (1978), reh. den. 439 U.S. 1122, 99 S.Ct. 1035, 59 L.Ed. 2d 83 (1978). As such, defendant’s trial counsel in the Chester County proceeding cannot be deemed ineffective for failing to pursue a meritless issue, and defendant’s claim so grounded must be denied.

Defendant also argues that this court is without power to apply the foregoing analysis to the sup[774]*774pression issue because the principle of comity requires that the Delaware County ruling operate as to bar the use of the suppressed evidence in any subsequent criminal proceeding within the Commonwealth. Neither defendant nor the Commonwealth has presented any authority on this issue and our research has discovered but one case squarely on point. An identical argument was raised in Com. v. Gallagher, 68 Schuyl. 72 (1972), wherein the court ruled that nowhere in the rules of criminal procedure is it contemplated that “. . .

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Related

Swain v. Alabama
380 U.S. 202 (Supreme Court, 1965)
Rakas v. Illinois
439 U.S. 128 (Supreme Court, 1979)
Commonwealth v. Green
400 A.2d 182 (Superior Court of Pennsylvania, 1979)
Commonwealth v. Cooke
394 A.2d 1271 (Superior Court of Pennsylvania, 1978)
Commonwealth v. Smith
398 A.2d 948 (Supreme Court of Pennsylvania, 1979)
Commonwealth v. Waldman
398 A.2d 1022 (Supreme Court of Pennsylvania, 1979)
Commonwealth v. Peterson
307 A.2d 264 (Supreme Court of Pennsylvania, 1973)
Commonwealth v. Glass
405 A.2d 1236 (Supreme Court of Pennsylvania, 1979)
Commonwealth v. McIntosh
405 A.2d 507 (Superior Court of Pennsylvania, 1979)
Commonwealth v. Tillery
326 A.2d 329 (Supreme Court of Pennsylvania, 1974)
Commonwealth v. Cummings
353 A.2d 381 (Supreme Court of Pennsylvania, 1976)
Commonwealth v. Martin
387 A.2d 835 (Supreme Court of Pennsylvania, 1978)
Commonwealth v. Martin
336 A.2d 290 (Supreme Court of Pennsylvania, 1975)
Commonwealth v. Duncan
390 A.2d 820 (Superior Court of Pennsylvania, 1978)
Commonwealth v. Hude
390 A.2d 183 (Superior Court of Pennsylvania, 1978)
Commonwealth v. Ulatoski
371 A.2d 186 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Rice
383 A.2d 903 (Supreme Court of Pennsylvania, 1978)
Commonwealth v. Bradley
364 A.2d 944 (Superior Court of Pennsylvania, 1976)
Commonwealth v. Fisher
364 A.2d 483 (Superior Court of Pennsylvania, 1976)

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Bluebook (online)
16 Pa. D. & C.3d 769, 1980 Pa. Dist. & Cnty. Dec. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-santiago-pactcomplcheste-1980.