Commonwealth v. Eliason

I must respectfully dissent. I would find that under 18 Pa.C.S. § 312, appellant’s conduct amounted to no more *328than a de minimis infraction and I would, accordingly, reverse the judgment of sentence and discharge appellant.

In this case, the majority holds that appellant’s eight seconds on a public street warrants the condemnation and stigma of a criminal conviction. In so holding, the majority reasons that since this Court upheld a shoplifting prosecution for $1.59 in Commonwealth v. Campbell, 273 Pa.Super. 407, 417 A.2d 712 (1980),1 we must uphold appellant’s conviction. However, to compare…