Commonwealth v. Plath

HOFFMAN, Judge:

Appellant was found guilty of theft, 18 Pa.C.S.A. § 3921(a), and sentenced to serve one to three years imprisonment and to pay $100 restitution. On this direct appeal, appellant contends that the evidence was insufficient to convict him of theft and that the lower court erred in refusing to continue the case after his co-defendant, and potential witness, left the courtroom. We find no merit to appellant’s contentions and, accordingly, affirm the judgment of sentence.

Viewed in the light most favorable to the Commonwealth, the following evidence was adduced at the joint jury…