Commonwealth v. Ostolaza

BROSKY, Judge:

Appellant was convicted of robbery. He appealed to this court, and we remanded to the trial court, after reversing the robbery conviction, to sentence the appellant on a lesser included offense of theft. Commonwealth v. Ostolaza, 267 Pa.Super. 451, 406 A.2d 1128 (1979).

The trial court imposed the same sentence as it gave at the original trial. Appellant now appeals contending that a conviction of the lesser offense on remand requires the trial court to supply him a lesser sentence. This is not so.

In Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 152 (1977), the Pennsylvania…