Commonwealth v. Cain

OPINION BY

STRASSBURGER, J.:

Martin Cain (Appellant) appeals from the judgment of sentence of ten to twenty years’ incarceration entered on June 25, 2009 following his conviction after a jury trial of robbery, theft by unlawful taking, receiving stolen property, and terroristic threats.1 We remand for proceedings consistent with this opinion.

The trial court summarized the facts as follows:

On December 26, 2007 at 9:20 P.M., [Derrick McGill (McGill) ] left his brother’s ... house in Philadelphia located at 1320 West Somerset Street and walked west toward Broad Street with five-hundred [and] fifty…