Commonwealth v. Gilbert

BECK, Judge:

The issue is whether the Commonwealth proved appellant’s intent to engage in disorderly conduct. We find that the Commonwealth has not produced sufficient facts to establish intent. We, therefore, vacate the judgment of sentence.

Appellant Earl Gilbert appeals his conviction for the summary offense of disorderly conduct. Gilbert was arrested and charged with disorderly conduct, making unreasonable noise, 18 Pa.C.S. § 5503(a)(2), when he openly disagreed with a police officer who intended to tow his neighbor’s car.

The record, viewed in the light most favorable to the Commonwealth,…