Appeal from the Judgment of Sentence of January 8, 1987, in the Court of Common Pleas of Erie County, Criminal Division, at No. 1691 of 1986.
Carmela R. Presogna, Assistant Public Defender, Erie, for appellant.
Paul Susko, Assistant District Attorney, Erie, for Com., appellee.
Beck, Johnson and Hester, JJ. Beck, J., files a dissenting opinion.
[ 370 Pa. Super. Page 43]
On September 24, 1986, appellant was found guilty of the summary offense of disorderly conduct by a district justice. On appeal to the Court of Common Pleas of Erie County, he was again found guilty of the same offense following a de novo hearing held on December 4, 1986. This appeal followed
[ 370 Pa. Super. Page 44]
the January 8, 1987 judgment of sentence of thirty days imprisonment, a fine, and costs. We affirm.
The evidence introduced at trial establishes the following. On August 28, 1986, at approximately 2:45 a.m., appellant and Quincy Barnes were on the campus at Behrend College. They went to Perry Hall, a co-ed dormitory. The women's section of the dormitory consists of two floors on the right side of the building. The two sides are separated by a lobby. To enter the right side, which is locked, a non-resident must be accompanied by a resident with a key. The first-floor women's restroom, located in the middle of the hall, serves approximately fifty dormitory residents and has six stalls containing toilets, six shower stalls, and sinks.
An unidentified resident admitted appellant and Barnes into the first floor women's section, and accompanied them to the room of a dormitory resident the two men knew. They visited briefly with that resident, and on their way out of the dormitory, the two men walked into the women's restroom. A woman student was sitting on the toilet in one of the stalls. Appellant walked over to the stall, which did not lock, opened the door and said: "Hey baby, what you doing." N.T., 12/4/86, at 6. The woman screamed, pulled up her pants and chased the men out of the dormitory. She testified that she was extremely frightened by the incident as she was not sure of the men's intentions when they opened the stall door.
In his defense, appellant testified that while he had gone to Perry Hall and visited with the resident he knew, he did not enter the restroom.
He argues that the evidence was insufficient to support his conviction for disorderly conduct. The test we apply in this situation is as follows:
In testing the sufficiency of the evidence, we must view the evidence in a light most favorable to the Commonwealth as the verdict winner and draw all reasonable inferences upon which the fact finder could have properly based its verdict. Commonwealth v. Easley, ...