Appeal from the Judgment of Sentence October 30, 1987 in the Court of Common Pleas of Montgomery County Criminal Division, No. 05464-86.
Henry T. Crocker, Pottstown, for appellant.
Patricia E. Coonahan, Assistant District Attorney, Cheltenham, for Com., appellee.
McEwen, Olszewski and Cercone, JJ.
[ 376 Pa. Super. Page 605]
This is an appeal from a judgment of sentence imposed after a bench trial in which appellant James McNair was found guilty of robbery, theft and disorderly conduct. A summary of the undisputed facts follows.
On November 3, 1986, at approximately 10:10 p.m. in a parking garage in King of Prussia, appellant and two accomplices began stalking Miriam Knapp as she climbed the stairs to the third level where her car was parked. As she approached her vehicle, Knapp heard footsteps. She turned and found appellant running toward her. Appellant was wearing a hooded sweatshirt, sunglasses and a bandana
[ 376 Pa. Super. Page 606]
over his face. Afraid that he would rape or kill her, Knapp stood against her car and held her tote bag and purse away from her in the hope that appellant would take both bags and leave her unharmed. Appellant snatched both bags, which contained various personal items and $510.00 in cash, from Knapp.
Appellant was subsequently arrested and, following his conviction for robbery, theft and disorderly conduct, filed post-verdict motions which were denied by the order at issue in the trial court. On appeal, appellant contends that the Commonwealth's evidence failed to prove beyond a reasonable doubt the requisite force necessary to uphold his conviction for robbery under 18 Pa.C.S.A. § 3701(a)(1)(v). This provision states that "[a] person is guilty of robbery if, in the course of committing a theft, he . . . physically takes or removes property from the person of another by force however slight." Id. (emphasis added).
In reviewing the sufficiency of the evidence, we must view the evidence presented and all reasonable inferences taken therefrom in the light most favorable to the Commonwealth and whether the evidence, thus viewed, is sufficient to prove guilt beyond a reasonable doubt. The credibility of witnesses and the weight to be accorded the evidence produced are matters within the province of the trier of fact; the fact finder is free to believe all, some, or none of the evidence.
Commonwealth v. Ogin, 373 Pa. Super. 116, 540 A.2d 549, (1988) (citation omitted). Mindful of this standard, we shall proceed to address the merits of appellant's claim.
Appellant relies upon Commonwealth v. Smith, 333 Pa. Super. 155, 481 A.2d 1352 (1984), in which the defendant reached into the pocket of a blind victim, removed a partially protruding pack of cigarettes, and ran away. The lower court concluded that such an act was sufficient to sustain a conviction for robbery. We reversed, holding that the physical taking or ...