*1 Pеnnsylvania COMMONWEALTH of ROSS, Appellant. William Superior Pennsylvania. Court of
Submitted June Decided June Morrison, Ronald Philadelphia, for appellant. Todd,
Joel W. Assistant District Attorney, Philadelphia, for appellee. WATKINS,
Before President Judge, JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.
CERCONE, Judge:
This is an from appeal judgment sentence of the Court of Common Pleas of Philadelphia County. Appellant trial, robbery conspir- convicted, non-jury after trial and arrest of for a new Motions acy. sentenced, on June to one and
denied charge. on the On imprisonment to ten years *2 filed a under the Post-Convic- 24,1975, petition he February result that he was Act, granted Hearing tion tunc. pro nunc right appeal is the evidence is whether presented question
The sole of sufficiency The test conviction. to sustain sufficient and all reason- the evidence as true all whether, accepting verdict could have whiсh the upon therefrom able inferences a reasona- to prove beyond in law based, sufficient it is been or crimes of the crime is guilty defendant that the ble doubt Smith, Commonwealth convicted. he hаs been of which A.2d 103 447 Pa. showed that on September
The Commonwealth’s evidence drove into a companion gasoline and a Broad and in Philadel- Bainbridge station located at Streets a tirе iron from the for the manager borrowed phia. They flat had they changed tire. After purpose changing was the tire tire, returning and while appellant’s companion walked identified as Odine iron, Bradlеy a man subsequently station, into the robbed an attendant past Appellant’s companion and walked gunpoint, away. car, to the which “shot then returned watched station,” in a different although direction out of the gas The departed. manager in which had Bradley from that attendant, that the men in suspecting The called the police. robber, gave to look out for” the “trying the car had been car. The conclusion that of the description his was based companion accomplices and who loitered appellant’s companion, on the conduct part iron, station after the tire gas returning suspiciously until The of the car Bradley appeared. description later, hour and broadcast, and about an it was sighted and was arrested. He made a statement stoppеd officer para- investigating which phrased as follows: that his,
“He said the car was and he been at had the station with flat tire. He said that his lug wrench did fit, not one of and the men him borrowed a wrench from the attendant they changed the tire. After the tire changed, Odine held Bradley robbed up attendant, and his car fled in they went the house at 2020 Ellsworth He Street. said the other man with them was Stan both of them were in the housе at Ellsworth for him to waiting Street return. He said before leave the house hurry up they and to be careful of because he had a Bradley gun.” to the address, Ellsworth police proceeded Street where found and arrested and Fox. also They seized a .38 revolver. took the stand trial and ever denied having *3 statement, claiming
made the he was chained and beaten by claim he never police previously had made. His —a was otherwise testimony concerning ambivalent the passen- car gers arrested,1 in his the time he was and was contradictory concerning how found out about his accomplices Ellswоrth Street address. The trial judge, fact-finder, as the acted well within his discretion in determining was false. testimony The Commonwealth relies on 18 apparently 306,2 Pa.C.S. which that: provides
“(b) A person accountablе for the legally conduct of person
another when: an of such (3) person he is other in the accomplice of the commission offense. passengers robbery. Appellant
1. The in were nоt involved once passenger testified that his female blurted-out the whereabouts of Fox, attempting explain in to how the learned point appellant were at 2020 At another Ellsworth. testified strangers passengers that the whom he had met in a bar and had offered take home. 6, 1972, 334, 2. Act of December P.L. No. eff. June § (c) . . . A is an of another person accomplice per- if;
son in the commission of an offense the intent of or (1) promoting facilitating offense, commission of the he: or or (ii) agrees attempts aid such other in person aids ” or it . planning committing . . In the instant case all the evidence and the inferences are sufficient properly arising therefrom support conclusion that was the driver of the getaway used in such, connection As robbery.
aided and abetted commission of the Com- monwealth v. 344 A.2d Esposito, Pa.Super. of sentence is affirmed. Judgment HOFFMAN, J., dissenting files opinion which SPAETH, J., joins.
HOFFMAN, Judge, dissenting: Appellant contends that the evidence was insufficient to convict him of robbery1 would, I cоnspiracy.2 agree therefore, vacate the of sentence and order appel- lant discharged. facts were adduced at trial. Tom were at companion, a Safeway gas station Streets,
located Broad and Bainbridge Coun- Philadelphia ty, September in order to a flat tire on change appellant’s car. Fox borrowed a tire iron one from of the gas station attendants. While appellant and Fox were *4 tire, the changing Odine entered Bradley station on gas foot. He walked directly gas station attendant Daryl Dixon, placed stomach, in Dixon’s gun and demandеd Dixon money. complied demand. immedi- Bradley fled the station ately gas on foot and walked in a northerly 6, 1972, 1482, 6, 1973; 1. Act of December P.L. No. eff. June § 18 Pa.C.S. 3701. § Code, supra; 2. The Crimes 18 Pa.C.S. § communicate did not Bradley dirеction on Broad Street. then returned the in Fox any way. or Fox appellant onto turning drove appellant away, tire iron and he and Street. Bainbridge officer stopped hour later a police one
Approximately The police car at 22nd and Christian Streets. where he identified Dixon to that location transported A during robbery. station gas car as been at having made the aрpellant officer testified that police the car station: “He said that statement while at the police a flat tire. he had at the station with his, and been fit, and one of the men He that his wrench did not lug said from the attendant and they a wrench with him borrowed the tire was Odine Brad- changed, the tire. After changed attendant, fled they then held and robbed up ley He at 2020 Ellsworth his car and went to the house Street. with them was and that both said the other man Stan time the house at Ellsworth Street at this of them were in He that to before hurry up him to return. said for waiting careful of because he Bradley the house and to be leаve had a gun.” he and Fox were at the gas testified that
Appellant flat tire on September Appel- changing station, Dixon, lant walk into the approach saw tire, and Fox left changing appellant then leave. After home and then drove to station, had a beer at appellant’s Fox’s home at 15th and Fox left the Carpenter. he picked to 17th and where Carpenter continued man and woman. Appellant two up passengers, paying Amore to drive the to 23rd and St. Streets. agreed pair learning the car a few moments later. Upon stopped in a robbery, have been involved might that she had been at 2020 female told the passenger in a had not been involved and that she Ellsworth Street 1974, the and on May waived a trial jury On conspiracy. lower court found him guilty a term of June the court sеntenced
317
on
robbery charge
to ten
the
of one
years
imprisonment
a
filed
Appellant
conspiracy.
sentence on
suspended
it
Act and was
Hearing
Post Conviction
the
under
petition
tunс.
nunc pro
leave to appeal
given
evidence,
of
sufficiency
for
test
the
It is well-settled
evidence,
the
is whether
conviction
a criminal
Commonwealth, is
to
most favorable
the
light
in the
viewed
doubt. Com-
a reasonable
guilt beyond
to prove
sufficient
614,
(1976);
A.2d 265
Treftz,
Pa.
351
465
v.
monwealth
822
Smallwood,
392,
465
350 A.2d
Pa.
v.
Commonwealth
conjec-
mere
Nonetheless,
upon
a
based
conviction
(1976).
v.
Commonwealth
will not be sustained.
or surmise
ture
v.
442,
(1976);
I would vacate of sentence and order appel- lant discharged.
SPAETH, J., this joins dissenting opinion. Pennsylvania
COMMONWEALTH MAYS, Reginald Appellant.
Superior of Pennsylvania. Court Sept.
Submitted Decided June