Commonwealth v. Waters

OPINION BY

DONOHUE, J.:

¶ 1 Donn Steven Waters (“Waters”) appeals from the judgment of sentence entered on April 14, 2008 following his conviction of three counts of burglary, 18 Pa. C.S.A. § 3502(a), and related crimes. On appeal, Waters challenges the trial court’s classification of the burglaries as first-degree offenses under subsection (c) of the aforementioned statute. We reverse and remand for resentencing.

¶ 2 The relevant facts and procedural history of this case are as follows. On January 5, 2007, Waters was arrested at his residence at 5332 Angora Terrace in Philadelphia and charged…