Appeal from the Judgment of Sentence of the Court of Common Pleas, Philadelphia County, Criminal Division, at No. 83-04 2289.
Michael A. Jankowski, Philadelphia, for appellant.
Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.
Brosky, Watkins and Hoffman, JJ.
[ 350 Pa. Super. Page 232]
This appeal is from judgment of sentence imposed after a bench trial at which appellant was found guilty of third degree robbery, theft, and simple assault.
[ 350 Pa. Super. Page 233]
Appellant raises two issues for our determination: whether the evidence produced at trial was sufficient to sustain a verdict of guilty of the charge of robbery and whether the trial court erred in not finding that the conduct of the appellant was no more than a de minimis infraction under 18 Pa.C.S.A. § 312.*fn1 We have carefully reviewed the record and briefs submitted by counsel and find no merit in either of appellant's issues.
On April 4, 1983 appellant robbed a ten year old boy of his candy money in a north Philadelphia grocery store. Appellant was arrested after being confronted by the boy's grandfather, and admitted punching the boy and taking his money. He was tried, found guilty, and sentenced to one and one-half to three years imprisonment for robbery.
Appellant asserts the evidence adduced at trial was insufficient to sustain a verdict of guilty to the charge of robbery. We disagree. "An aggressive act intended to place the victim in fear that he was in danger of immediate physical harm was sufficient to elevate an attempted theft to robbery . . ." Commonwealth v. Leatherbury, 326 Pa. Super. 179, 184, 473 A.2d 1040, 1042 (1984). Instantly, the victim, a young boy, refused to "loan" his money to appellant. Whereupon, the appellant punched the boy and the boy then gave his money to appellant. We find the Commonwealth met its burden of showing sufficient evidence to prove the elements of robbery.
In considering a challenge to the sufficiency of the evidence, we must view the record in the light most favorable to the Commonwealth as the verdict winner, and accept as true all evidence and all reasonable inferences therefrom upon which, if believed, the factfinder could properly have based its verdict.
Commonwealth v. Thornton, 494 Pa. 164, 167, 430 A.2d ...