Commonwealth v. Moore

DEL SOLE, Judge:

The following issues are presented for our review: 1) Whether Appellant should have been charged and convicted of retail theft, 18 Pa.C.S. § 3929, instead of theft, 18 Pa.C.S. § 3921, and receiving stolen property, 18 Pa.C.S. § 3925; and 2) Whether there was sufficient evidence to convict for third degree felony robbery as defined in 18 Pa.C.S. § 3701(a)(l)(v). For the following reasons, Appellant’s conviction for robbery is reversed and the case is remanded to the trial court for resentencing on Appellant’s remaining convictions.

The facts in the instant case are undisputed.…