Commonwealth v. Harvin

I agree with the majority that the trial court did not err when it denied appellant’s motion to quash the information. I also agree that appellant had notice of the offense for which he was to be tried, for the information charged specifically that his retail theft was a third or subsequent offense. A remand to determine the sufficiency of the Commonwealth’s evidence at the preliminary hearing to show a felony of the third degree is unnecessary. The appellant, on appeal, has not challenged the sufficiency of the evidence at trial and at the sentencing hearing to support a judgment of sentence…