DocketNumber: 611
Judges: Cavanaugh, Wieand and Hoffman
Filed Date: 1/20/1984
Status: Precedential
Modified Date: 10/19/2024
Appellant contends that the evidence was insufficient to support his conviction for robbery and criminal conspiracy.
In reviewing challenges to the sufficiency of the evidence, the test is whether, “viewing the evidence in the light most favorable to the Commonwealth and drawing all proper inferences favorable to the Commonwealth, the trier of fact could reasonably have determined all elements of the crime to have been established beyond a reasonable doubt.” Commonwealth v. Keblitis, 500 Pa. 321, 323, 456 A.2d 149, 150 (1983). So viewed, the facts are as follows:
At approximately 8 a.m. on December 15, 1980, the victim was kicked in the rear by appellant as he exited the center door of a trolley at 20th Street and Girard Avenue in Philadelphia. Appellant acknowledged the calcitration, followed the victim off the trolley and punched him in the eye, knocking his glasses to the ground. Appellant was joined by several trolley-riding colleagues who punched and kicked the victim for a few seconds and attempted to snatch a chain from his neck. One member of the group picked up the victim’s glasses and the entire group returned to the trolley. The victim summoned a police officer who stopped the trolley three blocks from the incident and the victim identified appellant and two other group members. Appellant was found guilty in a nonjury trial of robbery and criminal conspiracy arising out of the theft of the victim’s glasses. The lower court denied post-trial motions and sentenced appellant to consecutive one-to-two year terms of imprisonment. This appeal followed.
Appellant contends that the evidence was insufficient to support the lower court’s verdict that he feloniously inflicted bodily injury upon the victim in the course of committing a theft.
Here, the Commonwealth offered no evidence of appellant’s intent to either commit or attempt to commit a theft. Although appellant assaulted the victim and knocked his glasses to the ground, there is no evidence that appellant picked up the glasses and carried them back to the trolley. Nor do we find it likely that appellant exited the bus and assaulted the victim intending to steal a pair of prescription eyeglasses. Similarly, there is no evidence that appellant tried to grab the victim’s chain despite having ample opportunity to do so while the victim was exiting the trolley ahead of him. Rather, the evidence proves that appellant left the trolley to fight the victim and several friends joined in the ensuing melee. Although this evidence may well be enough to sustain a conviction for simple assault,
Appellant contends that his conviction for criminal conspiracy was also unsupported by the evidence. “[F]or a defendant to be convicted of conspiracy, the Commonwealth must prove his involvement in an agreement to accomplish a criminal objective and the commission of an overt act in pursuance of the conspiracy.” Commonwealth v. Lewis,
Judgment of sentence reversed and appellant ordered discharged.
. Appellant was charged with six alternative counts of robbery. The lower court found him guilty of feloniously inflicting bodily injury in the course of a theft and acquitted him of the other charges.
. The Commonwealth entered a nolle prosequi on the simple assault information.