Commonwealth v. Robinson

OPINION BY

BOWES, J.:

The Commonwealth appeals from the May 26, 2010 order upholding the sua sponte post-verdict judgment of acquittal. After careful review, we reverse and remand for reinstatement of the original verdict and sentence.

The facts are as follows. On August 31, 2008, Louis L.L. Robinson, Appellee, a home health care representative, went to the home of Susan Chernin to perform an assessment for services. The previous day, Ms. Chernin had been discharged from a rehabilitation facility following shoulder replacement surgery. After completing the assessment, Ms. Chernin asked him if he…