Commonwealth v. Campbell

OPINION ANNOUNCING JUDGMENT OF THE COURT

ROWLEY, Judge:

This appeal, from the Judgments of Sentence imposed on appellant, is before the Court en banc to consider (1) whether a criminal defendant’s claim that his convictions merge for sentencing purposes is waived by failing to raise the issue in the trial court, and (2) if not, whether appellant’s conviction for unauthorized use of an automobile merges into his conviction for theft.

Following a non-jury trial, appellant was found guilty of theft by unlawful taking or disposition,1 theft by receiving stolen property2 and unauthorized use of an…