Commonwealth v. Thomas

BECK, Judge:

Appellant was found guilty by a jury of robbery as a felony in the first degree. He was then sentenced to six to fifteen years’ imprisonment. On direct appeal, this Court affirmed appellant’s judgment of sentence. Appellant subsequently filed a petition for relief under the Post Conviction Hearing Act. 42 Pa.Cons.Stat.Ann. § 9541 et seq. (Purdon 1982). The petition was denied and this appeal followed.

The evidence adduced at trial establishes that appellant entered a McDonald’s Restaurant in the early morning hours and jumped over the service counter. He announced that “this is a…