Commonwealth v. Leatherbury

WIEAND, Judge:

Irvin Leatherbury was tried nonjury and convicted of robbery, 1 criminal attempt-theft, 2 simple assault 3 and criminal conspiracy. 4 Post-trial motions were denied, and a sentence of eighteen months to three years imprisonment was imposed for robbery. On direct appeal, Leatherbury contends that the evidence was insufficient to support the conviction, and that his speedy trial rights under Pa.R. Crim.P. 1100 were violated. In addition, he seeks a new trial based upon identification testimony of the victim which he alleges to be infirm because born of a suggestive pre-trial…