COMMONWEALTH OF PENNSYLVANIA v. SAMUEL JONES
No. 1158 EDA 2007 2008 PA Super 160 Atlantic: n/a Filed: 7/18/2008
Appeal from the Judgment of Sentence July 29, 2003 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-1102421-2002
Before: STEVENS, KLEIN, and POPOVICH, JJ.
Opinion by: STEVENS, J.
This is an appeal nunc pro tunc from the judgment of sentence entered by the Court of Common Pleas of Philadelphia County after a jury convicted Appellant of robbery and burglary. Sentenced to two concurrent terms of five to ten years’ incarceration to be followed by five years’ probation, Appellant challenges the sufficiency of the evidence and the adequacy of the jury instruction. We affirm.
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Appellant raises two issues for our review:
I. WAS THE EVIDENCE INSUFFICIENT TO FIND THE DEFENDANT [GUILTY] OF BURGLARY AND ROBBERY?
II. DID THE TRIAL COURT ERR IN NOT GIVING A CHARGE TO THE JURY THAT THE DEFENDANT WAS NOT IDENTIFIED AS THE PERPETRATOR BY THE COMPLAINING WITNESS?
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