Commonwealth v. SestinaCommonwealth v. Sestina
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- Before:
- Beck
Appellant was convicted by a jury of driving under the influence of alcohol
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and of causing an accident involving damage to unattended vehicles or property.
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The jury found that appellant, while driving with a blood alcohol content of over .10%, damaged a speed-limit sign, a mail box, and a utility pole. Appellant was sentenced to 48
The record reveals that after the accident, appellant left the scene. He failed to leave any information identifying himself and failed to notify the police. Information provided by witnesses led the police to appellant’s apartment, where appellant came outside to speak to the police. When speaking to appellant, the police officer smelled alcohol on appellant’s breath. Appellant acknowledged that he had consumed a six pack of beer and had been involved in an accident. Appellant then consented to a blood alcohol test; the test resulted in a reading of .19% blood alcohol content.
Appellant raises the following issues on appeal: 1) whether the arresting officer lacked jurisdiction to arrest appellant; 2) whether the Commonwealth failed to prove jurisdiction by failing to establish that the offense occurred in Warren County; 3) whether appellant’s statements to the police should have been suppressed pretrial because of the Commonwealth’s failure to establish the corpus delecti; 4) whether appellant was denied his right to appeal because the opening and closing remarks were not transcribed; and, 5) whether the trial court erred in not allowing a defense witness to testify as to the amount of beer consumed by appellant in a certain bar. None of these claims are meritorious. We therefore affirm the judgment of sentence.
Appellant was arrested in Glade Township, situated in Warren County, by a member of the Warren Borough Police Department. Warren Borough is also situated in Warren County. Appellant argues that the Warren Borough arresting officer lacked jurisdiction to make the arrest in Glade Township because the officer had not properly obtained consent to act beyond his jurisdiction, Warren Borough. Appellant contends that the arresting officer’s action violated the Municipal Police Jurisdiction Act,
The Commonwealth asserts that the arrest of appellant was proper because authority for the Warren Borough arresting officer to act in Glade Township was valid under
[w]here the officer has obtained the prior consent of the chief law enforcement officer, or a person authorized by him to give consent, of the organized law enforcement agency which provides primary police services to a political subdivision which is beyond that officer’s primary jurisdiction to enter the other jurisdiction for the purpose of conducting official duties which arise from official matters within his primary jurisdiction.
Glade Township does not have its own municipal law enforcement agency. Therefore, under the Act the “chief law enforcement officer” authorized to give consent is “the commanding officer of the Pennsylvania State Police installation which regularly provides primary police services” to the municipality.
The Commonwealth points out that, in the instant case, consent was authorized not by the local commander of the Warren Barracks but instead by top officer of the Pennsylvania State Police, the Commissioner. In a declaration published in “The Pennsylvania Bulletin” Vol. 13, No. 8, February 19, 1983, the Commissioner granted the requisite consent in accordance with
Appellant argues that the Commissioner had no authority under the statute to issue such global consent on behalf of the local commanders of state police barracks. According to appellant, unless an arresting officer obtains consent for
Appellant’s contention, an issue of first impression in this Commonwealth, is meritless. The purpose of the statute is to permit municipal poliee officers to act outside of their territorial jurisdiction provided such officers obtain consent. It permits local government units without local police service to rely upon the resources of municipalities with police services so long as the state police within the jurisdiction consent. Although the statute delineates the method by which the local commander of the police barracks can authorize consent, it nowhere prohibits the Commissioner from giving consent on behalf of the local commander.
Further, the statute must be liberally construed.
Ebersole,
342 Pa.Super. at 153-155, 492 A.2d at 438. The purpose of the statute is to expand, not limit, the power of local police officers to make arrests outside of their primary jurisdictions. The goal is to foster effective working relationship among municipalities.
Ebersole,
342 Pa.Super. at 153-155, 492 A.2d at 438. Enabling the State Police Com
Appellant asserts that if the police officer was acting beyond his jurisdiction, then the evidence against appellant must be suppressed. Even if, arguendo, the arresting officer had no authority to arrest appellant outside of the officer’s jurisdiction, suppression of evidence would not constitute a proper remedy. Commonwealth v. Peppers, 357 Pa.Super. 270, 273-274, 515 A.2d 971, 973 (1986), Commonwealth v. Saul, 346 Pa.Super. 155, 162, 499 A.2d 358, 361 (1985).
Appellant next contends that the trial court lacked jurisdiction to hear his case because the Commonwealth at trial did not establish that the crimes occurred in Warren County. At trial, the Commonwealth established that the accident occurred on Conewango Avenue at the intersection of Conewango and the south side of Quaker Hill Road, almost on the border of Warren Borough and Glade Township. As appellant correctly maintains, the Commonwealth neglected specifically to establish that the accident occured within the county of Warren. A court has no jurisdiction over an offense unless the offense occurred within the county in which the trial takes place. Commonwealth v. Thomas, 305 Pa.Super. 158, 451 A.2d 470 (1982). The burden to establish the court’s jurisdiction is on the Commonwealth. Commonwealth ex rel. Chatary v. Nailon, 416 Pa. 280, 285, 206 A.2d 43 (1965).
Although appellant failed to make a specific objection to the court’s jurisdiction below, his claim is not waived.
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Jurisdiction may never be waived, and a jurisdiction claim
Under the facts of this case we cannot say that the Commonwealth failed to establish the county in which the offense occurred. At trial, the Commonwealth established the precise location of the accident. The identity of the intersection where the accident occurred was clearly Warren County. Appellant does not dispute that the offense did in fact occur at the intersection established by the Commonwealth. Neither does appellant raise any contention that the intersection at issue is not located in Warren County. It would have been better if the Commonwealth placed on the record with exactness the name of the county. However, a record statement of the county of the offense was only technically in issue as a necessary requirement for conferring jurisdiction on the trial court. Varner, 265 Pa.Super. at 331-332, 401 A.2d at 1236. Since the Commonwealth did establish a specific street and intersection location, the trial court would have been entitled to take judicial notice of the fact that the site of the offense was in Warren County. Varner, 265 Pa.Super. at 331-332, 401 A.2d at 1236. See also Emert v. Larami Corp., 414 Pa. 396, 397, 200 A.2d 901, (1964); Goff v. Armbrecht Motor Sales, Inc., 284 Pa.Super. 544, 630, 426 A.2d 628 (1980). 4
Next, appéllant complains that his statements to the police should have been suppressed pretrial because the Commonwealth failed to establish the corpus delicti. Appellant misapplies the corpus delicti rule by attempting to use
Appellant also claims that the trial judge erred by disallowing the testimony of a defense witness. Appellant attempted to call to the stand a witness who would allegedly testify that appellant drank two bottles of beer at one of the bars he ¿visited on the night in question. The trial judge refused to admit this testimony on the grounds that it was irrelevant. Questions concerning the admission or exclusion of evidence are within the sound discretion of the trial court and will not be reversed on appeal absent a showing of a clear abuse of discretion and actual prejudice.
Commonwealth v. Sweger,
351 Pa.Super. 188, 194-195, 505 A.2d 331, 334 (1986). The record shows that appellant had admitted consuming approximately a six-pack of beer at two
Finally, appellant complains that he is entitled to a new trial because the court stenographer failed to record the opening and closing arguments at trial. As appellant correctly asserts, it is the Commonwealth’s burden to produce a transcript for appellate review. Commonwealth v. Shields, 477 Pa. 105, 108-110, 383 A.2d 844, 846 (1978); Commonwealth v. Goldsmith, 452 Pa. 22, 29, 304 A.2d 478, 482 (1973). However, a defendant waives the claim that he was denied a transcript if he fails to request one in a timely manner. Commonwealth v. Harper, 292 Pa.Super. 192, 201, 436 A.2d 1217, 1222 (1981). Appellant failed to request at trial that the opening and closing statements be recorded and transcribed. Appellant has therefore waived this claim.
We affirm appellant’s judgment of sentence.
Notes
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. Appellant is represented on appeal by counsel different than that at trial.
. The trial court would have also been able to exercise its discretion, prior to submitting the case to the jury, to permit the Commonwealth to reopen its case to present additional evidence establishing the county. Commonwealth v. Mathis, 317 Pa.Super. 226, 232-233, 463 A.2d 1167, 1171 (1983).
. In appellant’s statement of questions, he places the alleged error in applying the corpus delicti rule at the close of the Commonwealth’s case. In his brief and below, appellant argues only that the statements should have been suppressed at the pretrial stage because the Commonwealth failed to establish the corpus delecti.
. Even if framed and argued correctly, appellant’s claim has no merit. Before introducing a defendant’s statements at trial, the Commonwealth must show 1) an occurrence of specific injury or loss; 2) someone’s criminality as the source of that injury or loss; and, 3) the identity of the accused as the doer. If the evidence points to someone’s criminality, the Commonwealth need not exclude the possibility of accident in order to establish the corpus delecti. DeLeon, 276 Pa.Super. at 39-41, 419 A.2d at 84. At trial, the Commonwealth established that a telephone pole, mail box, and automobile were badly damaged. Commonwealth witnesses testified that an automobile resembling appellant‘s left the scene of the damage without reporting the accident or damage. Upon arrival at the appellant’s apartment, the arresting officer oberved that the appellant smelled of alcohol and had watery eyes. The evidence was adequate to establish the corpus delicti. See DeLeon, 276 Pa.Super. 36, 419 A.2d 82; Commonwealth v. Jones, 242 Pa.Super. 471, 364 A.2d 368 (1976).