OPINION BY BOWES, J.:
Ato Lloyd appeals from the judgment of sentence of eleven to twenty-three months incarceration plus two years probation imposed following his convictions for robbery and resisting arrest. We affirm.
The Commonwealth adduced the following facts at trial. In the early morning hours of December 2, 2014, Appellant approached a valet-parking booth situated in front of a parking garage attended by Ahmed Indris. Appellant feigned a need for aid from Mr. Indris and entreated him to unlock the booth door. Mr. Indris directed Appellant to a nearby fire station, but Appellant persisted. Mr. Indris eventually succumbed to Appellant's pleas and opened the door to the booth. Appellant then forced his way inside the booth, knocking Mr. Indris to the side with his body. While inside the booth, Appellant obtained a plastic garbage bag and filled it with keys from vehicles parked in the garage. Mr. Indris, fearing for his safety, retreated to the fire department where a fireman contacted police on his behalf. Shortly thereafter, police officers apprehended Appellant. After a brief scuffle, during which two officers were injured, police detained Appellant.
Based on the foregoing, Appellant was charged with theft by unlawful taking, receiving stolen property, and robbery at action number 2915-2015. At action number 2916-2015, Appellant was charged with simple assault, recklessly endangering another person, and resisting arrest. Following a bench trial, the court found Appellant guilty of robbery graded as a third-degree felony and of resisting arrest. He was acquitted of all other charges. The trial court imposed a sentence of eleven to twenty-three months incarceration for robbery, followed by two years probation for
Appellant raises a single issue for our review: "Was not the evidence insufficient to support a conviction for robbery as a felony of the third degree where there was no evidence of a taking from the person of the complainant or that the requisite force was employed?" Appellant's brief at 3.
In reviewing claims challenging the sufficiency of the evidence, our standard of review is well-settled:
Appellant asserts there was insufficient evidence to convict him of robbery as defined by 18 Pa.C.S. § 3701. In pertinent part, 18 Pa.C.S. § 3701 reads:
18 Pa.C.S. § 3701.
Appellant contends that the Commonwealth failed to prove beyond a reasonable doubt that he "removed property from the person of another by force however slight."
On appeal, Moore argued, in part, that the evidence was insufficient to sustain his conviction for robbery graded as a third-degree felony since § 3701(a)(1)(iv) requires that the theft of property must be from the person of another. This Court agreed with the defendant. We found that a contrary perspective "would lead to the absurd result that a robbery would result every time a retail theft is observed by a store security guard or employee."
Nevertheless, even in determining that a robbery pursuant to § 3701 had not occurred under the facts presented in
When viewing the evidence in the light most favorable to the Commonwealth as verdict winner, we find it sufficient to sustain the trial court's finding that Appellant took the keys from Mr. Indris's person. Mr. Indris was entrusted with protecting the keys at issue. In order to gain access to those keys, Appellant deceived Mr. Indris into unlocking and opening the valet booth, and physically pushed past him. Despite fearing for his safety, Mr. Indris initially remained in the booth and attempted to dissuade Appellant from taking the keys. Unlike the security guard in
Appellant's argument that he did not rely on force in taking the keys since he did not struggle with Mr. Indris, nor did Mr. Indris retaliate, is also misguided. It is well-settled that "[a]ny amount of force applied to a person while committing a theft brings that act within the scope of the robbery statute."
When viewing the evidence in the light most favorable to the Commonwealth as verdict winner, we find it supports a finding that Appellant took the keys with force. Appellant gained entry to the valet-booth by using his body to physically remove Mr. Indris from the entrance. In so doing, Appellant forcefully separated Mr. Indris from the keys under his protection.
Judgment of sentence affirmed.