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COMMONWEALTH PENNSYLVANIA v. VICTOR GONZALES (03/05/82)

filed: March 5, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
VICTOR GONZALES, APPELLANT



No. 1807 October Term, 1979, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County at Nos. 1364, 1366 and 1367 December Term, 1978.

COUNSEL

Fincourt B. Shelton, Philadelphia, for appellant.

Mark Gurevitz, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Hester, Cavanaugh and DiSalle, JJ. DiSalle, J., did not participate in the consideration or decision in this case.

Author: Cavanaugh

[ 297 Pa. Super. Page 71]

Appellant, having waived his right to a jury trial, was tried before the Honorable Marvin Halbert of Philadelphia County and found guilty of burglary, attempted theft, possession of instruments of crime, generally, and criminal conspiracy. The lower court denied post-trial motions and sentenced appellant to not less than two months to twenty-three months of partial (weekend) confinement for burglary and attempted theft and three years concurrent probation on the other convictions.

The question raised on appeal is whether the evidence was sufficient to support appellant's conviction for burglary. 18 Pa.C.S.A. ยง 3502. We conclude that the evidence was sufficient to support his conviction of burglary and affirm the judgment of sentence.

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 that evidence. Commonwealth v. Madison, 263 Pa. Super. 206, 210, 397 A.2d 818, 820 (1979). So considered, the facts in this case are as follows. On December 11, 1978, at or about 4:45 p. m., Police Officer Richard Wajda of the Philadelphia Police Department, observed two males exit and run from a property located at 2439 N. Second Street in Philadelphia, Pennsylvania. Officer Wajda chased the two individuals and finally apprehended one of them, the appellant herein, Victor Gonzales. After searching the appellant, the officer found a twelve inch pry bar on his person. The 2439 N. Second Street property was a garage, which apparently had been used for repair work.

At the time of the incident, the premises, owned by Patricia Corey, was leased to Elmer Causey, and managed by the owner's agent, Freda Koenig, who testified at trial. Ms. Koenig stated on the record that she had the doors

[ 297 Pa. Super. Page 72]

    repaired and new locks installed after these same premises had been broken into by four individuals including the appellant, just five days prior to the date of the incident which gave rise to the present charges.

Further Ms. Koenig testified that on December 11, 1978 she observed that one of the recently repaired doors had been broken into thus allowing access to the garage. Also, she observed that various items in the garage had been thrown around and the premises appeared to have been ransacked.*fn1

Appellant challenges the sufficiency of the evidence to convict him of burglary because he claims that the Commonwealth failed to prove that the appellant was not privileged or licensed to be on the premises or that the ...


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