Commonwealth v. Smith

MONTEMURO, Judge:

The Commonwealth appeals 1 from the judgment of sentence rendered against the appellee, Charles H. Smith, claiming that the trial court erred when it refused to impose on the appellee two separate five year mandatory minimum sentences pursuant to 42 Pa.C.S.A. §§ 9712 and 9714.

The appellee’s robbery and criminal conspiracy convictions stem from the armed robbery of Frank’s Jewelry Store on July 20, 1985. While the appellee waited in the car, his two accomplices, posing as a young couple interested in purchasing an engagement ring, entered the store and asked to see some rings.…