Superior Court 7/25/08 - COMMONWEALTH OF PENNSYLVANIA v. JOSHUA BOOZE

COMMONWEALTH OF PENNSYLVANIA v. JOSHUA BOOZE
No. 2854 EDA 2006 2008 PA Super 166 Atlantic: n/a Filed: 7/25/2008
Appeal from the Judgment of Sentence of September 11, 2006, in the Court of Common Pleas of Lehigh County, Criminal Division, at No. CP-39-CR-0001800-2005.
Before: BOWES, ALLEN AND KELLY, JJ.
Opinion by: BOWES, J.
Joshua Michael Booze appeals from the September 11, 2006 judgment of sentence of twenty-three to forty-six years incarceration imposed after a jury found him guilty of two counts each of robbery and false imprisonment, and one count each of burglary, theft, and criminal conspiracy to commit robbery and burglary. After careful review, we affirm.
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¶ 13 Appellant now raises the following issues for our review:

A. Did the lower court err by failing to suppress from use at time
of trial the Defendant’s confession and an identification of the
Defendant through the use of a photo array which were both
the direct result of the improper seizure of other evidence by
the police?
B. Were the Defendant’s rights to a speedy trial pursuant to
[Pa.R.A.P.] 600 violated due to the delay in his being
returned from the State of New Jersey and then not being
promptly given his trial?
C. Were the Defendant’s rights to a speedy disposition of his
case violated through the Commonwealth’s failure to bring
the Defendant to trial within 120 days after he was returned
from New Jersey as required pursuant to the Interstate
Agreement on Detainers Act?
D. Did the court abuse its sentencing discretion by giving the
Defendant sentences for the robbery charges which exceeded
the sentencing guideline ranges and for giving sentences
that, for all charges and counts, were consecutive?