Commonwealth v. Swartz

CERCONE, Judge:

This is an appeal from the judgment of sentence imposed upon appellant’s non-jury conviction for robbery and theft. Appellant raises three contentions on appeal: 1) was the verdict contrary to the evidence, weight of the evidence and to the law; 2) did the court err in refusing to hear his proffered evidence as to diminished capacity; and 3) was the sentence excessive? We affirm.

We must first dispose of appellant’s sufficiency claim, since if the evidence was insufficient as a matter of law then he would be entitled to be discharged. 1 See Commonwealth v. Poindexter, 484 Pa.…