Commonwealth v. Lettau

OPINION BY

BENDER, J.:

¶ 1 David John Lettau appeals the judgment of sentence imposed following his conviction of Forgery and Theft by Receiving Stolen Property, 18 Pa.C.S. §§ 4101(a)(3), 3925 (respectively). Lettau contends that the trial court erred in overruling his objection and denying his motion for mistrial based upon the prosecutor’s repeated reference to Lettau’s pre-arrest silence during direct examination of the investigating officer and later on Lettau’s cross-examination. Lettau contends that the Commonwealth’s references were calculated to suggest that he refused to cooperate with…