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Commonwealth v. Thompson

Judgment of sentence affirmed; evidence was sufficient to prove defendant's guilt beyond a reasonable doubt; court did not err in refusing to suppress statements given to arresting officer and evidence seized by the officer because officer had reasonable suspicion sufficient to support the investigative detention, and seizure of the gun was justified as a search incident to arrest; defendant failed to prove his claim of ineffective assistance of counsel.

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�1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Allegheny County following Appellant’s conviction on two counts of criminal trespass and one count of carrying a firearm without a license. On appeal, Appellant contends that (1) the evidence was insufficient to sustain Appellant’s conviction for criminal trespass, (2) the suppression court erred in denying Appellant’s motion to suppress the evidence seized by the police, (3) trial counsel was ineffective in failing to present testimony establishing that Scott’s Lawn Care was not open on the day in question, and (4) trial counsel was ineffective in failing to challenge the constitutionality of the criminal trespass scheme as it relates to simple trespass. *fn1 We affirm.

�2 Appellant’s first contention is that the evidence was insufficient. “The law is settled in this Commonwealth that in reviewing the sufficiency of the evidence, the appellate court is required to review all the evidence and all reasonable inferences drawn therefrom in the light most favorable to the Commonwealth,…[as verdict winner].” Commonwealth v. Earnest, 563 A.2d 158, 159 (Pa.Super. 1989) (citation omitted). The test is whether the evidence, thus viewed, is sufficient to prove guilt beyond a reasonable doubt. Id.

�3 Using the aforementioned standard, the evidence adduced at trial, together with all reasonable inferences in favor of the Commonwealth, reveals the following: On August 8, 1999, Nancy Stambolis was standing on the inside stairway of her house at 154 Kingsdale Road when Appellant, who Mrs. Stambolis did not know, entered the house. Mrs. Stambolis asked Appellant to leave and, upon hearing the yelling, Mrs. Stambolis’s husband, Chris, entered the room. Mr. Stambolis told Appellant to leave and escorted him out of the house. Appellant indicated that three men were following him and asked the Stambolises to call the police. The Stambolises looked outside, were unable to see anyone, but called the police to report Appellant’s unauthorized entry into their home.

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