from the Judgment of Sentence Entered July 12, 2018 In the
Court of Common Pleas of McKean County Criminal Division at
BEFORE: BENDER, P.J.E., NICHOLS, J., and COLINS, J. [*]
Shayne William Reed appeals from the judgment of sentence
entered after a jury found him guilty of burglary, criminal
trespass, conspiracy of theft by unlawful taking, and
conspiracy of receiving stolen property.Appellant
challenges the sufficiency of evidence. We affirm.
relevant facts and procedural history of this case are as
follows. Theresa Skillman, the property owner of 65 Summer
Street, rented the upstairs apartment at this address to
Appellant and Appellant's girlfriend, Amber Harris. N.T.,
5/23/18, at 31, 53. The property consisted of a house divided
into two apartments (an upstairs apartment and a downstairs
apartment), a basement, and two outdoor sheds situated on
off-street parking next to the house. Id. at 32.
Holden, the former tenant of Appellant's upstairs
apartment, stored his property in the smaller of the two
sheds. Id. at 42. Skillman's father and brother
kept property in the other larger brown shed. Id. at
41. The larger shed was roughly twelve feet by sixteen feet
and had "a big garage door on it, [a] little man door,
[and a] couple [of] windows." Id. at 74. The
shed was secured so that "all the windows were locked,
the man door was screwed shut to where you couldn't open
it from the outside, and the garage door had a lock and
key." Id. at 75. When a new tenant would move
in, Skillman would inform the tenant not to touch the larger
shed and to use the basement for storage. Id. at 32.
Katelyn King, the tenant in the downstairs apartment,
testified that tenants were not supposed to use or go into
either shed. Id. at 58.
about February 8, 2017, Katelyn King testified that she saw
Appellant and his female roommate "messing around"
inside the larger shed at 2:00 a.m. Id. at 59-61.
Marcia Copeland, who lived across the street at 70 Summer
Street, also witnessed Appellant and a female individual in
the shed. Id. at 66. Copeland approached
the individuals and told them, "[Y]ou are not to be in
that area." Id. Appellant and the female
responded, "We have permission to be in here [from
Holden]." Id. Copeland told them, "No, you
do not have permission from him. . . . Not to mention,
that's not [his shed]." Id. Appellant and
the female individual left, but a couple hours later,
Copeland saw them in the shed again. Id. at 68.
Katelyn King and Holden notified Skillman that there were
people inside of the shed where her father's property was
stored. Id. at 35, 38. Based on this
information, Skillman called the Bradford City Police and
spoke with Officer Kolin Strawcutter. Id. at 39. Skillman
told Officer Strawcutter that she believed her rental
property had been burglarized. Id. at 40. Skillman
also informed Officer Strawcutter that while she currently
resided in Marienville, her brother, Edward Panighetti, Jr.,
lived closer to the rental property and that she could
contact him about the shed. Id.
Skillman's initial conversation with Officer Strawcutter,
Skillman sent a text message to Panighetti. Upon receiving
the text message, Panighetti went to check the property by
himself. Id. at 40, 76. Panighetti had last visited
the shed less than a week before. Id. at 76.
Following Panighetti's visit, Skillman also went by
herself to check on the shed. Officer Strawcutter called
Skillman and Panighetti after their respective visits to the
shed. Both Skillman and Panighetti told Officer
Strawcutter that the handle and the lock on the shed were
broken and there was a new, unfamiliar padlock on the
right-hand side of the shed. Id. They also reported
that a truck tire and window previously inside the shed were
now sitting outside the shed. Id. at 76, 97.
Strawcutter, Skillman, and Panighetti all visited the shed
together to examine the damage at some later date.
Id. at 40, 76. Accompanied by Officer Strawcutter,
Panighetti, and Skillman entered the shed for the first time
after the padlock was changed. Id. at 76. Skillman
testified that upon entering the shed, it was clear that
"there was obviously a lot less stuff in it than had
started." Id. at 41. Panighetti testified that
"[a] lot of the power tools, a tree stand, and some
clothing previously stored inside were missing."
Id. at 77. Panighetti listed twenty-six items that
he had stored inside the shed himself, but were missing when
he saw the shed with Officer Strawcutter and Skillman.
Id. at 87-88. These items included various power
tools for construction and gardening. Id.
located some of the items missing from the shed on a Facebook
garage sale page in which Robert King, a junk dealer, was
offering these items for sale. Id. at 98. Skillman
informed Officer Strawcutter of Robert King and the Facebook
page. Officer Strawcutter subsequently contacted Robert King,
who told Officer Strawcutter that "he was actually on
his way to the police station because he heard that the items
he had bought from a Amber Harris were stolen and not her
the course of his investigation, Officer Strawcutter also
spoke with Richard Keaton, who had purchased speakers from
Harris through Facebook. Id. at 91, 92. When Keaton
went to Summer Street to pick up the speakers, he saw Harris
"in the shed trying to move stuff around to get [the
speakers] out." Id. at 92. After the purchase,
Keaton heard from a friend that the speakers were stolen.
Id. Keaton contacted Officer Strawcutter, who came
to retrieve the speakers. Id.
February 14, 2017, Officer Strawcutter filed charges and
arrested Appellant. Id. at 99-100. The Commonwealth
filed an information charging him with one count of burglary,
one count of criminal trespass, and three counts of criminal
conspiracy. The Commonwealth's information alleged that
these crimes occurred between February 9 and February 11 of
23, 2018, a jury convicted Appellant. On July 12, 2018, the
trial court sentenced Appellant to ten days' to twelve
months' incarceration, followed by twelve months'
probation. Appellant timely filed a post-sentence motion on
July 23, 2018, which he withdrew on August 6, 2018.
timely filed a notice of appeal on August 13, 2018. Appellant
also timely filed a court-ordered Pa.R.A.P. 1925(b) statement
on September 5, 2018, challenging the sufficiency of evidence
on all counts. The trial court filed a responsive Rule
1925(a) opinion and concluded that Appellant was not entitled
now raises the following questions for this Court's
1. Whether the evidence was sufficient to establish that the
"shed" located at 65 Summer Street is a
"building" or "occupied structure" under
18 Pa.C.S. §3502(a)(4), Burglary, and under 18 Pa.C.S.