Commonwealth v. Weiss

KELTON, J.,

Following jury trial, defendant was found guilty of robbery as defined in 18 Pa.C.S. §3701(a)(l)(ii), a robbery in the course of committing a theft in which the victim is threatened with or intentionally put in fear of immediately serious bodily injury, a felony of the first degree.

The commonwealth has filed a motion to invoke the mandatory five-year minimum sentence provision of 42 Pa.C.S. §9712 alleging that defendant “visibly possessed a firearm during the commission of the offense.”

We held a hearing on November 23, 1988 to consider any necessary additional evidence together…