Commonwealth v. Hoch

OPINION BY

MUSMANNO, J.:

¶ 1 The Commonwealth of Pennsylvania appeals from the judgment of sentence entered upon the conviction of Appellee Earl G. Hoch (“Hoch”). Hoch had been convicted of aggravated assault on a police officer, criminal attempt (burglary), resisting arrest and possession of instruments of crime. 1 We affirm.

¶ 2 In the late evening hours of August 6, 2005, Swatara Township Police Officer Thomas Stauffer (“Stauffer”) observed Hoch at the fence that surrounds Stauf-fer’s property. Stauffer observed Hoch attempting to open a lock on the gate of the fence, while Hoch was wearing…