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COMMONWEALTH PENNSYLVANIA v. LORENZO FRANKLIN (02/23/82)

submitted: February 23, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
LORENZO FRANKLIN, APPELLANT



No. 1593 Philadelphia, 1981, Appeal from Judgment of Sentence of June 4, 1981, in the Court of Common Pleas, Criminal Division, of Berks County at No. 80137801.

COUNSEL

William F. Ochs, Public Defender, Reading, for appellant.

George C. Yatron, District Attorney, Reading, for Commonwealth, appellee.

Cavanaugh, McEwen and Hoffman, JJ.

Author: Cavanaugh

[ 306 Pa. Super. Page 424]

Appellant, Lorenzo Franklin, following a jury trial was found guilty of burglary,*fn1 criminal trespass,*fn2 and criminal

[ 306 Pa. Super. Page 425]

    conspiracy.*fn3 The lower court denied post verdict motions and sentenced the appellant to concurrent terms of incarceration of not less than two years nor more than eight years on each conviction, a fine of $250.00 on each conviction and the costs of prosecution on each conviction.

The first question raised on appeal is whether the evidence was sufficient to support appellant's conviction for burglary. Our review of the record leads us to the conclusion that the evidence was sufficient to support his conviction of burglary and, accordingly, the judgment of sentence is affirmed.

When appellant challenges the sufficiency of the evidence supporting his conviction, we must accept as true all the evidence upon which the finder of fact could properly have reached its verdict and give the Commonwealth the benefit of all reasonable inferences arising from the evidence. Commonwealth v. Gonzales, 297 Pa. Super. 66, 443 A.2d 301 (1982) citing Commonwealth v. Madison, 263 Pa. Super. 206, 397 A.2d 818, 820 (1979). So considered the facts of this case are as follows: On July 29, 1980, at or about 2:55 p.m., Sergeant Charles R. Broad of the Reading Bureau of Police, following a request for an investigation by Gerald Hertz, found three black males in a one-floor showroom-warehouse at 407 N. Front Street in Reading, Pennsylvania. Appellant and one co-defendant, Kevin Scott were found standing in the showroom while co-defendant John Alvarez was up a ladder in the warehouse unscrewing a plate which held up the automatic door opener. (N.T. p. 38).

When Sergeant Broad questioned the three individuals as to their names, addresses, dates of birth and phone numbers, appellant identified himself as Frank Lorenzo and not as Lorenzo Franklin. (N.T. p. 61). When questioned about why they had entered the premises, co-defendant Kevin Scott first stated that they had observed several juveniles enter the building and were concerned for their safety. After being told that the officer found no other individuals in the premises, Mr. Scott stated that they were employed

[ 306 Pa. Super. Page 426]

    by and given permission by Wayne Knox of Neighborhood Housing Services to be in the premises. Appellant agreed with this explanation by Mr. Scott. Sergeant Broad ...


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