Submitted May 4, 2015
Appeal from the Judgment of Sentence February 18, 2014, Court of Common Pleas, Lehigh County, Criminal Division at No. CP-39-CR-0001057-2013. Before BANACH, J.
Sean T. Poll, Allentown, for appellant.
James B. Martin, District Attorney and Heather F. Gallagher, Assistant District Attorney, Allentown, for Commonwealth, appellee.
BEFORE: FORD ELLIOTT, P.J.E., DONOHUE and LAZARUS, JJ.
Tyshawn Hankerson (" Hankerson" ) appeals from the judgment of sentence imposed following his convictions of robbery, burglary and conspiracy. His court-appointed counsel (" Counsel" ) has filed a petition seeking to withdraw and a brief in support thereof pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and Commonwealth v. Santiago, 602 Pa. 159, 978 A.2d 349 (Pa. 2009). Following our review, we deny Counsel's request, vacate the judgment of sentence and remand for resentencing.
We begin with the relevant factual background, which the trial court summarized as follows:
At approximately 11 a.m. on March 8, 2012, Megan Keinert was alone in her house located at 105 Chestnut Street, Coplay, Lehigh County, Pennsylvania. She shared her home with her father, her brother, and her boyfriend. While watching television in her bedroom on the third floor, Ms. Keinert heard noise coming from her brother's room on the second floor. Ms. Keinert, believing that her brother had returned home early from school, came down the stairs.
At the time, she was holding her cellular telephone in her hand. She entered her brother's room and saw a black male, approximately six feet tall, wearing a baseball cap and jacket. Ms. Keinert also noted a bit of " scruff" on the individual's face and that he appeared shocked to see her.
Ms. Keinert asked the individual, " Can I help you?" and made eye contact with him. The individual stepped back and then came forward toward Ms. Keinert and put a gun to her forehead. At that point, there was sunlight coming into the room and the individual was within arm's reach of Ms. Keinert. Ms. Keinert believed the gun was a silver handgun, approximately five to six inches long. Ms. Keinert estimated that she observed the individual for approximately [thirty] seconds. The individual directed Ms. Keinert to sit down and look down. He asked her where money in the home was located and Ms. Keinert told him that there wasn't any money in the home. He also inquired as to whether there were additional people in the home. She told him they were alone. He told Ms. Keinert to lie down and tied her hands with a shoe lace [sic]. Ms. Keinert could hear the individual searching the rest of the second floor and then proceed to the third floor. After three to five minutes, Ms. Keinert stood up and began to look for something to defend herself with. She found a pocketknife, which she opened and put under the bed nearby. The individual, having heard Ms. Keinert moving around, told her to lie back down.
Ms. Keinert was able to detect two male voices on the first floor. The individual she had encountered remained on the first floor for three to five minutes and then returned. Ms. Keinert was still on the floor. The individual put a towel and a gun to the back of her head and instructed Ms. Keinert to count to 300[,] and then left.
Ms. Keinert counted to 163, pulled off the towel ... and called out. When no one responded, she left. She ran through the kitchen and ...