Commonwealth v. Middlemiss

In the early morning hours of July 4, 2006, the defendant, Christopher Middlemiss, and Joseph Morgan broke into Alberto Cintron’s apartment while he was not at home and lay in wait for him to return so they could rob him. Their scheme was foiled when, on his arrival, Cintron recognized the defend*628ant and resisted the robbery. Amidst the ensuing struggle, Cintron was shot five times and died en route to the hospital. Following an investigation, the defendant and Morgan were arrested, indicted, and tried separately.1 On May 27, 2010, the defendant was convicted of murder in the first degree on…