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[U] Commonwealth v. Robinson

Superior Court of Pennsylvania

February 5, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
TROY ROBINSON, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence August 24, 2011 in the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0007055-2010

BEFORE: PANELLA, J., OLSON, J., and WECHT, J.

MEMORANDUM

PANELLA, J.

Appellant, Troy Robinson, appeals from the judgment of sentence entered August 24, 2011, in the Court of Common Pleas of Allegheny County. After careful review, we affirm.

The trial court set forth the relevant facts as follows:

The evidence at trial showed that in the early morning hours of February 26, 2010, Christopher Solis was awakened after hearing 5 gunshots. The shots came from the direction of the Hide-Away Bar. As he looked out his window, Solis saw a male wearing balky [sic] winter clothing walking down the street in deep snow looking back several times in the direction of the bar.
At approximately 2:44 a.m. that day, police were dispatched to the Hide-Away Bar as a result of Solis' call to 911. When police arrived at the scene, they were not able to find evidence of gunfire, a suspect, or victims. Snow was falling that morning.
The next day, a body was found in deep snow in an area not far from the bar. It was later determined that the victim died as a result of multiple gunshot wounds to his torso, and that bullets recovered were all fired from the same firearm.
Detectives began an investigation and were able to ascertain that videos existed from both inside and outside the bar and that there was projectile damage to the structure that housed the bar. The manager of the bar also gave police a bullet that she found in front of the bar's door as she was salting and sweeping the sidewalk.
The inside video showed that on the night in question, both [Appellant] and the victim were in the bar. The video shows [Appellant] standing next to the victim as the victim's head is lying on the bar. The victim lifts his head and is given a bottle of water by the bartender. [Appellant] then walks out of the bar and the victim follows holding the bottled water. The outside video shows the two outside of the bar and the [Appellant] taking the victim's water, drinking it, and then returning it to the victim. [Appellant] then backs out of camera view, but the video shows the victim being shot and falling down.
The bartender at the Hide-Away Bar testified that the victim was asleep at the bar when [Appellant] went up to him and said: "I got you mother fucker, now you are all asleep…[.]" When the victim and [Appellant] went outside of the bar, an eyewitness, who had been waiting to give [Appellant] a ride, testified that he heard the victim and [Appellant] yelling obscenities at each other. The witness saw [Appellant] step away from the victim, and then heard gunshots. [Appellant] ran away.
Tonya Darby, [Appellant's] girlfriend, also testified that she was with [Appellant] 12 days earlier when he and the victim got into a heated argument in the Hide-Away Bar, on February 14, 2010. The argument continued outside of the bar. In that incident, the victim in this case pointed a gun at [Appellant]. The confrontation was then defused without further incident. The ...

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