No. 1503 October Term 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas, Phila. County, Trial Div., Criminal Sect., at Nos. 548-549 November 1978.
John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Spaeth, Brosky and Van der Voort, JJ.
[ 280 Pa. Super. Page 471]
Appellant was tried by a judge sitting without a jury and was convicted of burglary and criminal trespass. Post-verdict motions were denied and appellant was sentenced to one and one-half to five years for burglary and to a concurrent sentence of one to two years for criminal trespass. On this appeal appellant contends that the evidence was insufficient
[ 280 Pa. Super. Page 472]
to sustain his conviction of burglary,*fn1 and that the sentences imposed were improper.
In appraising the sufficiency of the evidence to sustain appellant's conviction, we must view the evidence in the light most favorable to the Commonwealth. Commonwealth v. Holmes, 482 Pa. 97, 393 A.2d 397 (1978). Viewed in that light, the evidence produced at trial was to the following effect.
On September 14, 1978, at approximately 10:50 p. m., Officer David Thomas of the Philadelphia Police Department received a radio call directing him to check the Muratone Company building at 1825 N. 6th Street. He went to that address and had started to inspect the entrances when a large garage door to the building opened. The officer saw appellant standing inside the door and asked him if he was an employee of the company. Appellant responded that he was not. The officer then asked him what he was doing there, and appellant said that he had gone there in the daytime to ask for a job but had been locked inside by mistake. The officer noticed that some boxes containing painting materials had been stacked near the door. On cross-examination, the officer admitted that he saw no signs of a forced entry and that appellant was cooperative when apprehended inside the building.
Herbert Tiedeken, the owner of the Muratone Company, testified that he had left the building at approximately 7:30 p. m. that evening and had locked all the doors, inspected much of the building, and set the burglar alarm system. He said that he saw no one inside the building before he left and that he kept no inventory stacked near the garage door. On questioning by the court, he testified that he did all the hiring for the company, and that he had not seen appellant there seeking employment. He added, however, that he was not there for the entire day and thus could not definitely say whether appellant had come in and asked for work. He also stated that he saw no inventory stacked near the door before he left that evening.
[ 280 Pa. Super. Page 473]
The offense of burglary is defined in the Crimes ...