Commonwealth v. Furness

OPINION BY

MUSMANNO, J.:

Paul Furness (“Furness”) appeals from the judgment of sentence imposed following his convictions for criminal trespass, attempted burglary, and possessing instruments of crime. 1 We affirm in part, reverse in part, and remand for resentencing.

The trial court set forth the relevant facts as follows:

On July 20, 2012, at approximately 10:00 a.m., Christopher Babiarz [ (“Babiarz”) ] saw [Furness] attempt to enter his home, located at 3170 Richmond Street, [Philadelphia,] through the window. On that morning, [Babiarz] heard “some rustling and banging at the back door” and…