Commonwealth v. Runk

SHEELY, J.,

— On December 26, 1979 defendant, Debra G. Runk, was charged with retail theft (third offense) in connection with an incident that occurred at the K-Mart in Mechan-icsburg. Following a jury trial on May 27, 1980, defendant was convicted of violating section 3929 of the Crimes Code, as amended, 18 Pa.C.S.A. §3929. After her conviction, defendant filed post-trial motions in arrest of judgment and for a new trial which are the subject of this opinion.

Defendant first objects that defendant’s prior un-counseled summary conviction for retad theft cannot be used to enhance the offense…