Winckler v. Commonwealth

ANNUNZIATA, Judge.

Domica Winckler appeals from her conviction of capital murder, arising from the July 27, 1997 robbery and murder of Stacy Hanna. Winckler contends 1) the trial court erred in refusing to instruct the jury that to support a conviction for capital murder, robbery must have been a motivating factor in the killing of Hanna; and 2) the Commonwealth offered insufficient evidence to prove capital murder under the theory of “murder committed in the commission of robbery.” We find no error and affirm.

FACTS

We review the evidence pertinent to a defendant’s challenged jury instruction…