Robey v. Commonwealth

JAMES LEVIN, Special Justice.

This appeal is from a judgment based on a jury verdict which convicted Donald Edward Robey of first-degree rape, first-degree burglary and as a first-degree persistent felony offender. He is sentenced to life imprisonment.

The victim testified that she knew Robey, a neighbor, and had invited him to spend the night on a couch in her apartment. However, Robey declined her offer, saying he would probably spend the night with a friend and then left the apartment. Later that evening, the victim awakened with a man in dark clothing and a gray ski mask at the side of her…