Com. v. Allen, A.
CourtSuperior Court of Pennsylvania
Date FiledOctober 21, 2026
Docket2886 EDA 2025
JudgeStevens
StatusUnpublished
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Full Opinion
J-S32045-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
AMIN A. ALLEN :
:
Appellant : No. 2886 EDA 2025
Appeal from the Judgment of Sentence Entered June 30, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0006843-2023
BEFORE: BOWES, J., OLSON, J., and STEVENS, P.J.E.*
MEMORANDUM BY STEVENS, P.J.E.: FILED OCTOBER 21, 2026
Amin Allen appeals from the judgment of sentence entered by the Court
of Common Pleas of Philadelphia County after the trial court convicted
Appellant of criminal trespass, theft by unlawful taking, and criminal mischief.
Appellant challenges the sufficiency of the evidence supporting his criminal
trespass conviction. We affirm.
After being charged with the aforementioned offenses, Appellant waived
his right to a jury trial and proceeded to a bench trial held on April 4, 2025.
The trial court aptly summarized the background of this case as follows:
At trial, the Commonwealth presented the testimony of
three victims, Syretta Wilbanks, Bernadette Williams, and Ashid
Wilbanks. [Appellant’s] mother, Fatima Thomas, testified on
behalf of the defense. …
____________________________________________
* Former Justice specially assigned to the Superior Court.
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Syretta Wilbanks and her mother, Bernadette Williams,
were co-owners of a row home on the 800 block of West Wellens
St. in Philadelphia. In June of 2023, while the house was
undergoing renovations, Ms. Wilbanks typically stayed overnight
at the house about twice a week. Around that time, Ms. Williams
visited the house on a weekly basis.
On June 20, 2023, during one of her visits to the house, Ms.
Williams noticed that certain items appeared to be missing from
the home, including a microwave and a case of water. Ms.
Williams called Ms. Wilbanks to report her concerns. Soon after,
Ms. Wilbanks arrived at the home together with her husband,
Ashid Wilbanks, and noticed that the television was missing and
the house’s back door had been kicked in. Ms. Wilbanks also
observed a wire running from outside of the house into an
electrical socket in the kitchen. She followed the wire to the
house’s back porch, where she observed a bed, clothing, and other
items that indicated that someone had been staying there. Ms.
Wilbanks then went back inside the home and closed the door
behind her.
Ms. Wilbanks and her husband walked upstairs to the
second floor, where they discovered that computers, cameras,
and studio equipment were missing. While upstairs, they heard
Ms. Wilbanks’s mother screaming from downstairs. Ms. Williams
had begun screaming because she saw [Appellant] enter the
kitchen by forcing open the closed door that led to the back porch.
Mr. and Mrs. Wilbanks quickly ran downstairs and found
[Appellant] standing in the kitchen.
Ms. Wilbanks was familiar with [Appellant] because
[Appellant] had lived next door to the house as a child.
[Appellant] told Ms. Wilbanks that [Appellant’s] mother had
recently moved out of the house next door, that he had nowhere
to go, and that he was using electricity from Ms. Wilbanks’s house.
Ms. Wilbanks testified that [Appellant] did not have permission to
be in her home or to use her home’s electricity.
Mr. Wilbanks asked [Appellant] about items that were
missing from the home. At first, [Appellant] responded by just
shaking his head. Later, [Appellant] told Mr. Wilbanks that the
computer monitors were in the back. Mr. Wilbanks went outside
and saw two monitors on the back porch, resting on top of a third
monitor that had been destroyed. Mr. Wilbanks also asked
[Appellant] about the missing camera and studio equipment, but
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[Appellant] became quiet and repeated that he put the monitors
in the back. At some point while Mr. Wilbanks was asking
[Appellant] about the other missing items, [Appellant] responded,
“My bad.” Mr. Wilbanks had seen the missing items inside the
home earlier that same week. Mr. Wilbanks also had secured the
house before leaving it several days before the incident on June
20, 2023.
Mr. Wilbanks estimated the value of the two missing
computers to have been $3,000 to $4,000 each and the value of
a missing recording machine for digital audio tapes to have been
$5,000 to $6,000. Ms. Wilbanks estimated that the value of the
missing TV, microwave and the computers to have been around
$5,000.
Trial Court Opinion (T.C.O.), 1/5/26, at 2-3 (citations omitted).
We also note that the defense presented the testimony of Fatima
Thomas, Appellant’s mother, who claimed the home in question was
abandoned as she had observed squatters moving in and out of the house for
several years. Thomas explained that the garage of the residence was in a
state of disrepair, which allowed easy access to the house. Notes of Testimony
(N.T.), Trial, 4/4/25, at 84-85.
At the conclusion of the trial, the trial court convicted Appellant of
criminal trespass, theft by unlawful taking, and criminal mischief. On June
30, 2025, the trial court imposed an aggregate sentence of three to six
months’ incarceration followed by one year of reporting probation. The trial
court also ordered Appellant to pay restitution in the amount of $405.52. On
July 10, 2025, Appellant filed post-sentence motions which the trial court
denied on November 3, 2025.
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On November 5, 2025, Appellant filed a timely appeal. Appellant
subsequently complied with the trial court’s direction to file a concise
statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b).
Appellant raises one issue for our review, claiming there was insufficient
evidence to sustain Appellant’s criminal trespass conviction. Our standard of
review for a sufficiency of the evidence challenge is well established:
The standard we apply in reviewing the sufficiency of the evidence
is whether viewing all the evidence admitted at trial in the light
most favorable to the verdict winner, there is sufficient evidence
to enable the fact-finder to find every element of the crime beyond
a reasonable doubt. In applying the above test, we may not weigh
the evidence and substitute our judgment for the fact-finder. In
addition, we note that the facts and circumstances established by
the Commonwealth need not preclude every possibility of
innocence. Any doubts regarding a defendant's guilt may be
resolved by the fact-finder unless the evidence is so weak and
inconclusive that as a matter of law no probability of fact may be
drawn from the combined circumstances. ... Finally, the finder of
fact while passing upon the credibility of witnesses and the weight
of the evidence produced, is free to believe all, part or none of the
evidence.
Commonwealth v. Jones, 271 A.3d 452, 457–58 (Pa. Super. 2021)
(citations omitted). The standard of review for a sufficiency claim is de novo
and the scope of review is plenary. Commonwealth v. Neysmith, 192 A.3d
184, 189 (Pa. Super. 2018).
Specifically, Appellant claims that the Commonwealth failed to show he
demonstrated the mens rea required for a criminal trespass conviction as
there was insufficient evidence to prove Appellant “knew he was not licensed
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or privileged to enter a property he reasonably believed was abandoned[.]”
Appellant’s Brief, at 2.
Appellant was charged with criminal trespass pursuant to Section
3503(a)(1)(ii) of the Crimes Code which provides that a person commits
criminal trespass “if, knowing that he is not licensed or privileged to do so, he
…breaks into any building or occupied structure or separately secured or
occupied portion thereof.” 18 Pa.C.S.A. § 3503(a)(1)(ii).
Section 3503(c) provides that it is a defense to a prosecution of a
criminal trespass charge to argue that the “building or occupied structure
involved in an offense under subsection (a) of this section was abandoned.”
18 Pa.C.S.A. § 3503(c)(1). This Court has clarified that “a building that has
been abandoned is one that is wholly forsaken or deserted.” Commonwealth
v. Henderson, 419 A.2d 1366, 1367 (Pa. Super. 1980). See also
Commonwealth v. Goldsborough, 426 A.2d 126, 127 (Pa. Super. 1981)
(finding that a home should not be deemed abandoned until its owner or
inhabitant “has been gone from the premises for a sufficiently long period of
time so that his intention not to return may be inferred”).
Viewing the evidence in the light most favorable to the Commonwealth,
the record contains ample evidence to show that the property in question had
not been abandoned. First, Ms. Williams and Ms. Wilbanks testified that they
were frequented the home on a weekly or bi-weekly basis. Ms. Wilbanks
indicated that as the home renovations were limited to the first-floor of the
home, she was able to stay in an upstairs bedroom that contained a bed and
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working bathroom facilities. Second, the home was still connected to utilities:
electricity, water, and heat; if a property had been abandoned, the utilities
would have been disconnected due to lack of payment. Third, the trial court
found that Mr. Wilbanks credibly testified that he had secured the house
several days before the incident that occurred on June 20, 2023. As such, in
order to enter the home, an individual would have to break through a secured
door. Lastly, the home contained valuable items that would not be ordinarily
left in an abandoned home.
We also agree with the trial court’s finding that the Commonwealth
presented sufficient evidence to show that Appellant knew he was not licensed
or privileged to enter the residence and that Appellant’s “contention that he
had a mistaken belief that the property had been abandoned is unreasonable
and wholly inconsistent with the evidence presented at trial.” T.C.O. at 4-5.
Given that the trial court found the victims had credibly testified that
they frequented the property on a weekly basis, Appellant could not show the
victims had a prolonged absence from the property showing that they did not
intend to return. Appellant knew the property had been secured from outside
entry given that Appellant had to break through a door in the home in order
to gain access. Ms. Williams testified that she observed Appellant enter the
kitchen by forcing open the closed door that led to the back porch. When the
victims confronted Appellant about his reasons for being in the home,
Appellant did not indicate that he thought the property was abandoned but
merely indicated that he had nowhere else to go as his mother had moved out
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of the house next door. Further, Appellant knew that the property still had
working electricity as he admitted to using this electricity by running a wire
from outside of the house into an electrical socket in the kitchen.
We acknowledge that Appellant argues that the trial court should have
found that the property was abandoned as Appellant’s mother testified that
the house was commonly occupied by squatters and was in a state of disrepair.
However, it was the province of the trial court, as the finder of fact, to make
credibility determinations and weigh the evidence; the factfinder may believe
all, part or none of the evidence. Jones, supra.
For the foregoing reasons, we conclude that the trial court did not err in
finding the Commonwealth presented sufficient evidence to support
Appellant’s convictions.
Judgment of sentence affirmed.
Date: 10/21/2026
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