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COMMONWEALTH PENNSYLVANIA v. WILLIE MORTON (07/28/86)

filed: July 28, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIE MORTON, APPELLANT



Appeal from Judgment of Sentence November 12, 1985, in the Court of Common Pleas of Philadelphia County, Criminal No. 2069, 2070, 2071, 2072 April 1985.

COUNSEL

Theresa Connolly, Willow Grove, for appellant.

Leonard Deutchman, Assistant District Attorney, Philadelphia, for appellee.

Rowley, McEwen and Olszewski, JJ. Rowley, J., concurs in the result.

Author: Olszewski

[ 355 Pa. Super. Page 184]

This is an appeal from a judgment of sentence. Appellant, Willie Morton, after a bench trial, was convicted of robbery,*fn1 criminal conspiracy,*fn2 simple assault,*fn3 and attempted theft.*fn4 Post-trial motions were denied, and appellant received a sentence of eight to twenty-three months' imprisonment for robbery and a concurrent sentence for conspiracy.*fn5 The sole issue raised on appeal is whether the evidence presented at trial was sufficient to support a conviction on all four counts.

The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably have found that all of the elements of the crime (were) established beyond a reasonable doubt.

Commonwealth v. Giles, 500 Pa. 413, 415, 456 A.2d 1356, 1357 (1983) (citing Commonwealth v. Pitts, 486 Pa. 212, 215, 404 A.2d 1305, 1306 (1979)); see also Commonwealth v. Cooke, 342 Pa. Super. 58, 492 A.2d 63 (1985). Viewed in this light, the trial court established that in the early

[ 355 Pa. Super. Page 185]

    morning hours of December 22, 1984, Sherry Tate was walking along 54th Street towards City Line Avenue in Philadelphia when appellant and an unidentified male stopped her and asked her what time it was. After answering, the men asked her for a quarter. She continued walking, with both men following a short distance behind, and then she was suddenly pushed to the ground. Her hands were restrained behind her, her mouth was covered and, as one of the assailants felt inside her clothing, she was searched for money. Finding none, the two men ran off together.

At the scene, Ms. Tate gave to the police a description of appellant, having viewed him during the altercation and having recognized appellant as one of a group who would "hang out" on the corner of 52nd Street and Market Street, past where she would walk each day on her way home from work. On December 27, 1984, Ms. Tate, searching the area of 52nd and Market Streets with police, spotted and identified appellant.

We find sufficient evidence to support all four convictions. Under the Crimes ...


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