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COMMONWEALTH PENNSYLVANIA v. RICHARD GUENZER (07/12/78)

decided: July 12, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD GUENZER, APPELLANT



No. 2151 October Term, 1976, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, as of Nos. 1026-1028, April Session, 1976.

COUNSEL

John W. Packel, Assistant Public Defender, and Benjamin Lerner, Defender, Philadelphia, for appellant.

Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Hoffman, J., dissents and would remand for resentencing on the basis of Commonwealth v. Lockhart, Author: Cercone

[ 255 Pa. Super. Page 589]

This is an appeal from a judgment of sentence of the Court of Common Pleas of Philadelphia County, Criminal Trial Division. Appellant was convicted of robbery, theft by extortion and simple assault. He was sentenced to one to three years' imprisonment on the robbery charge, two years probation on the simple assault to begin at the expiration of

[ 255 Pa. Super. Page 590]

    the imprisonment on the robbery charge, and one year on the extortion charge, to run concurrently with the assault probation.

Appellant's first contention is that the evidence was insufficient to prove that a robbery was committed. No issue regarding sufficiency of identification evidence is raised.

The Commonwealth's evidence, which we must accept as true in determining the sufficiency issue, established the following:

On March 25, 1976, Ms. Barbara Lips, a middle-aged woman, was walking along a Philadelphia street when she was approached from behind by appellant, who began tugging on her purse. She was unwilling to relinquish it and was consequently pulled, still holding the purse, into the middle of the street, and thrown to the roadway. She suffered several bruises, scrapes, and sore muscles, and developed laryngitis as a result of screaming continuously during the incident. Appellant succeeded in getting the purse from her and fled. He was chased and caught by a bystander.

The section of the Crimes Code*fn1 under which appellant was charged, Section 3701(a)(1)(ii), reads as follows:

"(1) A person is guilty of robbery if, in the course of committing a theft, he:

(ii) threatens another with or intentionally puts him in fear of immediate ...


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