Commonwealth v. Johnson

HOFFMAN, Judge:

Appellant contends that the evidence is insufficient to sustain his convictions for attempted burglary, possession of an instrument of crime, and conspiracy. We agree and, accordingly, vacate judgment of sentence and discharge appellant on these charges.

On June 1, 1978, a court sitting without jury convicted appellant of attempted burglary, possession of an instrument of crime, and conspiracy. After denying post-verdict motions, the trial court sentenced appellant to three years probation for attempted burglary. This appeal followed.

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