Commonwealth v. Brooks

The evidence was sufficient for the trial judge to deny appellant’s demurrer, Commonwealth v, Henderson, 451 Pa. 452, 304 A.2d 154 (1973), and to find appellant guilty of robbery, theft, and simple assault. Commonwealth v. Herman, 227 Pa.Super. 326, 323 A.2d 228 (1974). The convictions are therefore affirmed. However, the judgments of sentence are vacated and the case is remanded for resentencing consistent with the doctrine of merger. Commomvealth v. Nelson, 452 Pa. 275, 305 A.2d 369 (1973).

So ordered.