Lehman v. Pennsylvania State Police

839 A.2d 265 (2003)

Michael S. LEHMAN, Appellant,

v.

PENNSYLVANIA STATE POLICE, Appellee.

Supreme Court of Pennsylvania.

Argued December 4, 2002.

Decided December 30, 2003.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Justice EAKIN.

In 1962, appellant was convicted of larceny for stealing a case of beer worth $3.38. At the time, larceny was a felony under § 807 of the 1939 Penal Code, subject to a $2,000 fine and five years imprisonment. Appellant was placed on probation and assessed the costs of prosecution. Thirty-eight years later, during an attempt to buy…