Commonwealth v. Fitten

TAMILIA, Judge:

On March 27, 1992 the appellee, Barney Fitten, allegedly robbed the victim, 47-year old Edward Paige, and then tossed the 135 pound man over a multi-level shopping center railing to his death, two stories below. On November 12, 1992, a trial judge sitting as fact-finder found Fitten guilty of second degree murder and robbery, sentenced him to mandatory life imprisonment for the murder conviction, ordered a presentence report and set a date for post-verdict motions to be heard. The verdicts were duly recorded, the ease was adjourned and the defendant and his counsel left the…