J-S07014-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ERIC BAKER : : Appellant : No. 2397 EDA 2018 Appeal from the Judgment of Sentence Entered April 2, 2018 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0002099-2016 BEFORE: NICHOLS, J., KING, J., and STRASSBURGER, J.* MEMORANDUM BY NICHOLS, J.: Filed: March 23, 2020 Appellant Eric Baker appeals from the judgment of sentence entered after a jury found him guilty of robbery, theft by unlawful taking, and simple assault.1 On appeal, Appellant challenges the weight of the evidence and the discretionary aspects of his sentence. We affirm. We state the facts as set forth by the trial court: On Saturday[,] November 7, 2015, at approximately 5:30 PM, Appellant approached the locked door of . . . a hat store located [in] Philadelphia, PA. Appellant told the owner, Soo Ja Kim, [who was then seventy-one years old], he needed a hat for his mother’s funeral. Ms. Kim let him in and watched Appellant as he stood in the middle of the store. Smelling strongly of alcohol when he approached Ms. Kim, she told him to “come back next time.” Suddenly, he grabbed her neck with both his hands, and strangled her saying, “Give me money. I just came out of prison and I need ____________________________________________ * Retired Senior Judge assigned to the Superior Court. 1 18 Pa.C.S. §§ 3701(a)(1), 3921(a), and 2701(a), respectively. J-S07014-20 money.” She fell to the ground, then went to the cash register, and gave Appellant $600. Appellant then ordered her to “take off [her] clothes and go to the back.” As she was removing her jacket, boxes and hats fell from the wall, which she used as an opportunity to escape the building. Ms. Kim ran next door and called the police, who arrived shortly thereafter, unable to locate . . . Appellant. Philadelphia Police Officer Frank Sackowsky, while on patrol, received the 911 call for the robbery . . . . He arrived on the scene at 5:59 PM, and obtained a description of the perpetrator in order for the police to conduct a search in the area. Ms. Kim described her assailant as a [b]lack male weighing approximately 160 pounds, standing 5 [feet] 8 inches, and wearing black clothing. Ms. Kim testified she saw . . . Appellant three more times before his arrest on Friday evening November 13, 2015, nearly a week after the robbery. The first occasion was on Thursday evening November 12, 2015, five days after the robbery. Ms. Kim was taking out the trash and passed by John Lewis, also known as “Johnnie,” an employee at the neighboring [shop] when she saw Appellant walking on the other side of the street. “Shaking,” she pointed Appellant out to Mr. Lewis and recognized him as an individual Mr. Lewis would regularly spend time with in the mornings on the corner of the ...
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