Appellant has been charged with the following offenses in Mc Kean County: robbery; Appellant challenges this Order maintaining his November 17, 1996 multi-county crime spree constitutes a single criminal episode. After Wittenburg fled the scene, the employees called 911 and alerted area police that a maroon Pontiac had been involved in an armed robbery and was traveling westbound on State Route 6. Wittenburg appeals from the November 25, 1997 Order denying his motion to quash criminal charges pending against him in Mc Kean County. § 110, provides, in pertinent part: Although a prosecution is for a violation of a different provision of the statutes than a former prosecution or is based on different facts, it is barred by such former prosecution under the following circumstances:(1) The former prosecution resulted in an acquittal or in a conviction as defined in section 109 of this title (relating to when prosecution barred by former prosecution for the same offense) and the subsequent prosecution is for:* * *(ii) any offense based on the same conduct or arising from the same criminal episode, if such offense was known to the appropriate prosecuting officer at the time of the commencement of the first trial and was within the jurisdiction of a single court unless the court ordered a separate trial of the charge of such offense[.]18 Pa. The two employees at the car wash knew Wittenburg and did not initially think that he was serious about the robbery; they changed their minds, however, when he fired the .357 Magnum handgun into an overhead canopy. We rely on the summary of the facts set forth by this Court in Wittenburg, supra.
Wittenburg ended the 2010 season with 764 digs, a Drake and Missouri Valley Conference single season record.Garanzia del prezzo sulle prenotazioni alberghiere. Se trovi il medesimo soggiorno a un prezzo inferiore altrove applicheremo la tariffa più bassa o ti offriremo un codice sconto. È possibile richiedere camere attigue o comunicanti (previa disponibilità) contattando la struttura al numero riportato nella conferma della prenotazione. Single bayreuth La struttura si riserva il diritto di rifiutare alcuni tipi di prenotazione per eventi di gruppo e feste, inclusi gli addii al celibato o nubilato.The chase involved speeds in excess of 80 miles per hour, during which Wittenburg repeatedly fired his gun at the officers' vehicles. The Commonwealth aptly points out in its brief that the events of November 17, 1996 are separate and distinct from one another and, as such, require the calling of different witnesses and the preparation and analysis of varying legal issues. “[W]hen determining what constitutes a single criminal episode, we consider (1) the temporal relationship between the acts in question and (2) the logical relationship between the acts.” Wittenburg at 73. Additional State Police vehicles formed a road block on State Route 6 in front of Wittenburg's vehicle. We therefore conclude the holding in Mc Phail does not bar multiple prosecutions in this case. § 110.’ ” Wittenburg at 73, quoting Commonwealth v. The official comment to section 110 provides in relevant part: Under existing law, if two crimes arise out of the same facts and one does not involve the other (i.e., one is not a step to the other), then a prosecution of one has no bearing on the other and the defendant may be prosecuted for the other regardless of the outcome of the first prosecution.
At p.m., Wittenburg entered the Sparkle Car Wash in Kane, Mc Kean County, took several items from the attached store, and left without paying for his gas. At p.m., Wittenburg robbed a Uni-Mart in Emlenton, Venango County, taking aspirin, cigars, and cash.She is pursuing a degree in applied health science at Northwest.Alana is the daughter of Barry and Lisa Wittenburg and has two sisters, Alissa and Aarika, and one brother, Austin.Wittenburg maneuvered through the roadblock, but then lost control of his car and drove into a ditch. 519, 692 A.2d 139 (1997), the Pennsylvania Supreme Court held that the purpose of section 110 is to avoid “duplicitous, sequential trials”. As previously discussed, appellant pled guilty in Venango County to the robbery of the Emlenton Uni-Mart. In other words, if the offenses are distinct and separate, the outcome of a trial of the prosecution of one has no bearing on the subsequent prosecution of the other.(Citation omitted.) We look, therefore, to see whether the Mc Kean County prosecution arises from the same criminal episode as the Venango County prosecution.
Wittenburg exited his car, and twice fired his gun at the approaching Corporal Lucia. On November 30, 1996, appellant was charged in Warren County with attempted homicide, aggravated assault, recklessly endangering another person, fleeing police and various firearm offenses. § 110 there should have been a single prosecution of his offenses. “ ‘A guilty plea constitutes a conviction for purposes of pursuing further prosecution pursuant to 18 Pa. Upon review of the record, it is clear appellant's robbery of the Emlenton Uni-Mart, for which he has been convicted, is separate and distinct from the myriad of crimes he committed later that same day in Mc Kean County. Several officers repeatedly ordered Wittenburg to put the gun down; they heard Wittenburg yell in reply, “Shoot me you mother f* * *ers.” After seeing Wittenburg shoot at Corporal Lucia, the officers returned fire and Wittenburg was wounded. On April 9, 1997, appellant was charged in Venango County with robbery and firearm offenses. The record reveals no continuation of conduct between the two counties, nor is the prior episode a step in the execution of the later one. Appellant pled guilty in Venango County to the robbery charge in exchange for the prosecution's nol pros of the remaining offenses. Appellant argues his offenses were all part of the same criminal episode and that pursuant to 18 Pa. To the contrary, it is evident appellant completed his Venango County crime and later committed a brand new set of crimes at the Sparkle Car Wash and a Mc Kean County tavern. Shortly thereafter, Officer Lowe was joined by Corporal Robert Lucia of the Pennsylvania State Police (Warren Barracks), and both police cars attempted to stop Wittenburg's vehicle. The Court went on to explain duplicitous trials cause undue delay, unnecessary expenses and needless aggravation to the defendant and the witnesses. Noticing that the vehicle matched the description that had been given by the employees of the car wash, Officer Lowe followed the car.