Commonwealth v. Campbell

HOFFMAN, Judge:

Appellant contends that because the Commonwealth’s bill of information charging her with retail theft under section 3929(a)(1) of the Crimes Code1 did not mention a prior offense, the lower court should have sentenced her as a first offender.2 We agree and, accordingly, vacate the judgment of sentence and remand the case for resentencing.

On November 11, 1977, the District Attorney of Lancaster County filed a bill of information, alleging that appellant *409had committed retail theft under section 3929(a)(1) of the Crimes Code by taking merchandise valued at $1.59 from a Lancaster,…