Commonwealth v. Brazzle

HOFFMAN, Judge:

Appellant contends that (1) he did not knowingly and voluntarily waive his right to appeal by withdrawing his post-verdict motions; (2) the sentence imposed on his conviction for theft is illegal because the theft conviction merged with his robbery conviction; and (3) the sentences imposed were excessive. We agree only with appellant’s second allegation and, accordingly, vacate his sentence on the theft charge.

The charges against appellant arose from his participation in a bank robbery. Appellant was convicted by a jury of two counts of robbery, theft by unlawful taking,…