Commonwealth v. Nixon

MONTEMURO, Judge:

This case is before the court on a direct appeal from a judgment of sentence by a judge, sitting without a jury, for Escape. 1 Post-Trial motions were denied and appellant, Eugene Nixon, was sentenced to a term of two (2) to four (4) years.

The sole question raised by appellant on appeal is whether or not he should be afforded the benefits of the decision of the Pennsylvania Supreme Court in Commonwealth v. Bus-sey, 486 Pa. 221, 404 A.2d 1309 (1979) [Hereinafter Bussey], requiring an explicit waiver of Miranda 2 rights. For the reasons discussed below, we refuse to apply…