Commonwealth v. Walker

TAMILIA, Judge:

Appellant was tried by the court without a jury on May 20,1988 and found guilty of robbery as a felony of the first degree, firearms violations, theft, conspiracy, recklessly endangering another person, terroristic threats and simple assault. She was sentenced to the mandatory five years imprisonment under 42 Pa.C.S. § 9712, Sentences for offenses committed with firearms. 1 On appeal she claims the trial court erred in applying this statute to her as she was only an accomplice and never actually “visibly possessed” the weapon. She further argues the evidence was conflicting as…