Commonwealth v. Price

• Decision Date: 12 July 1978
• Parties: COMMONWEALTH v. PRICE, Appellant.
• Court: Pennsylvania Superior Court

391 A.2d 696

258 Pa.Super. 625

COMMONWEALTH v. PRICE, Appellant.

Superior Court of Pennsylvania.

July 12, 1978.

Indictment charging defendant with burglary and theft of movable property. Before DAVIS, J. Verdict of guilty of both charges and judgment of sentence entered. Defendant appealed. Appeal, No. 553, Oct. T., 1977, from Court of Common Pleas of Montgomery County, Jan. T., 1976, No. 386. Submitted September 12, 1977. George B. Ditter and Calvin S. Drayer, Jr., Assistant Public Defenders, for appellant; Eric J. Cox, Assistant District Attorney, and William T. Nicholas, District Attorney, for Commonwealth, appellee. OPINION PER CURIAM: The sentence imposed for counts of burglary and theft being illegal, 18 Pa.C.S. § 3502(d), the judgment of sentence is vacated and the case is remanded for resentencing on the burglary count alone. PRICE, J., dissented. WATKINS, former P. J., did not participate in the consideration or decision of this case.