Commonwealth v. Clipper

LIPEZ, Judge:

This is an appeal from a judgment of sentence for “retail theft, third or subsequent offense,” under the Crimes Code, 18 Pa.C.S. § 3929(a)(1) and (b)(l)(IV) (Supp.1982-1983). We agree with defendant’s argument that prior convictions for shoplifting under the 1939 Penal Code may not be used to increase the grade of a retail theft offense under 18 Pa.C.S. § 3929(b)(1), and only prior convictions for retail theft under the Crimes Code may be used for this purpose. 1 Since the Commonwealth here put into evidence only prior convictions for shoplifting under the 1939 Penal Code, 2 34we…