Commonwealth v. Lacy

HOFFMAN, Judge:

Appellant challenges the constitutionality of the Retail Theft Act and the denial of his motion for mistrial because of alleged prosecutorial misconduct. We find no merit in appellant’s claims and, accordingly, affirm the judgment of sentence.

On August 24, 1981, appellant was arrested as he left a Clover Department store and charged with his third offense of retail theft. A search by a Clover security guard yielded Clover merchandise for which appellant had not paid, in a box in appellant’s possession. Appellant’s motion to suppress was denied. Following a jury trial, appellant…