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COMMONWEALTH PENNSYLVANIA v. JAMIE MATOS (02/03/89)

filed: February 3, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMIE MATOS, APPELLANT



Appeal from Judgment of Sentence February 2, 1988, in the Court of Common Pleas of Philadelphia County, Criminal, No. 87-04-3278.

COUNSEL

Peter Rosalsky, Assistant Public Defender, Philadelphia, for appellant.

Harriet Bumberg, Assistant District Attorney, Philadelphia, for Com., appellee.

Olszewski, Beck and Johnson, JJ.

Author: Olszewski

[ 382 Pa. Super. Page 402]

This is an appeal from a judgment of sentence after appellant was found guilty of robbery, criminal conspiracy, possessing an instrument of crime, and a violation of the Uniform Firearms Act. Appellant argues that the trial court erred by sentencing him pursuant to the mandatory sentencing provisions of 42 Pa.C.S.A. ยง 9712,*fn1 as they are

[ 382 Pa. Super. Page 403]

    inapplicable to unarmed accomplices. We disagree and affirm the judgment of sentence.

The facts surrounding the present case are set forth in the trial court's opinion:

Trial court opinion at 2-3.

On February 2, 1988, pursuant to Rule 359(B) of the Pennsylvania Rules of Criminal Procedure,*fn2 the trial court sentenced appellant to the mandatory minimum term of imprisonment of five-to-ten years for robbery, a concurrent term of two-to-four years for conspiracy, and a concurrent sentence of one-to-two years for the violation of the Uniform

[ 382 Pa. Super. Page 404]

Firearms Act.*fn3 A motion to modify sentence was timely filed on February 10, 1988. On March 16, 1988, the trial court denied post-verdict motions. ...


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