Com. v. Colbert, L., 249 WDA 2016

Background

July 7, 2014: an armed robbery occurred at Jo’s Coffee Shop; victim saw the robber’s face, described clothing (black t‑shirt, blue jeans, tan/brown boots), a dark scarf worn on the head, a small revolver, and a possible latex glove; victim said she recognized the man as a frequent customer but did not know his name.
Police viewed the store surveillance video which corroborated the victim’s description and showed the actor brandishing a small revolver.
An unidentified tip that a suspect named “Lacy” (approx. 40 years old) might be involved prompted Officer Halaszynski to search records, locate Lacy Lamar Colbert who lived nearby, and compare a JNET photo to the video; officer observed a close resemblance.
Officers went to Colbert’s wife’s home, found Colbert in a second‑floor bedroom, took him into custody, read Miranda warnings, and obtained a written statement in which Colbert apologized and admitted details of the robbery; his wife consented to a search.
Search of the residence yielded a Titan .38 revolver (registered to the wife), a holster, live rounds, a latex glove, a scarf similar to the one shown in the video, matching clothing, and $63; Colbert was tried in a stipulated non‑jury trial, convicted of robbery, possession of a firearm by a person prohibited, and theft, and sentenced to 10–20 years.
On appeal Colbert challenged: (1) denial of his motion to suppress (arguing arrest was based only on an anonymous tip and his statement was involuntary), and (2) sufficiency of the evidence for the robbery and firearm convictions; the Superior Court affirmed.

Issues

Issue	Commonwealth's Argument	Colbert's Argument	Held
1. Motion to suppress: was the warrantless arrest supported by probable cause?	Officer had corroborating information (victim description, video, proximity, photo match) giving probable cause beyond an anonymous tip.	Arrest rested solely on an uncorroborated anonymous tip; therefore detention/arrest and subsequent search and statement must be suppressed.	Denied — totality of circumstances (description, video, proximity, photo resemblance) provided probable cause.
2. Sufficiency of evidence: was there enough evidence to prove Colbert committed the robbery?	Video, victim ID/description, matching clothing found at home, wife’s statements about his clothing and arrival time, and Colbert’s admissions linked him to the robbery beyond reasonable doubt.	Video did not reveal the assailant’s face; no forensic link between Colbert and recovered items; confession was merely an apology to shield his wife.	Denied — evidence (circumstantial plus Colbert’s admissions) sufficed to prove guilt.
3. Sufficiency of evidence: did the Commonwealth prove Colbert possessed a firearm in commission of the robbery?	Video showed a small revolver; officers recovered a revolver, ammunition, glove and holster at the residence; Colbert admitted the gun belonged to his wife and stated details about the gun and that it was used (allegedly unloaded).	Surveillance was too blurry to establish the object was a firearm; no forensic link tying Colbert to the recovered gun.	Denied — recovered gun, corroborating items, and Colbert’s own statements supported possession during the robbery.

Key Cases Cited

Hoopes v. Commonwealth, 722 A.2d 172 (Pa. Super. 1998) (standard for reviewing suppression court factual findings and conclusions).
Dommel v. Commonwealth, 885 A.2d 998 (Pa. Super. 2005) (probable cause is based on totality of circumstances and need not meet trial‑level standards).
In Interest of O.A., 717 A.2d 490 (Pa. 1998) (warrantless arrests require probable cause under the Fourth Amendment).
Moreno v. Commonwealth, 14 A.3d 133 (Pa. Super. 2011) (sufficiency review: all evidence and reasonable inferences viewed in light most favorable to the verdict winner).
Koch v. Commonwealth, 39 A.3d 996 (Pa. Super. 2011) (court cannot reweigh evidence on sufficiency review; circumstantial evidence may suffice).
Hartzell v. Commonwealth, 988 A.2d 141 (Pa. Super. 2009) (reiterating appellate standards for sufficiency and credibility).