Commonwealth v. Gooding

SAYLOR, Judge:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Philadelphia County. Finding no abuse of discretion or error of law, we affirm.

On September 1, 1987, at 11:00 p.m., Marlene Fountain was coming out of her second floor apartment at 2238 N. 15th Street in Philadelphia when she saw Appellant, Carl Gooding, and David Lee struggling on the staircase with her landlord’s forty-one year old brother, Timothy Lynch. Fountain observed that both Appellant and Lee had handguns. Moments later she heard two shots and saw Appellant and Lee run out the front door.…