Commonwealth v. Gibson

POPOVICH, Judge.

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Dauphin County, following appellant’s conviction on one count of criminal conspiracy to commit retad theft. In this case of first impression, we are asked to determine whether appellant’s sentence for criminal conspiracy which was enhanced pursuant to 18 Pa.C.S.A. § 3929(b)(l)(iv), was legal where the Commonwealth failed to allege appellant’s prior retail theft convictions in the information. Appellant also claims that the evidence was insufficient to sustain her conviction. While we find…