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COMMONWEALTH v. STAUFFER

239 Pa.Super. 463 (1976)

Commonwealth v. Stauffer, Appellant.

Superior Court of Pennsylvania.

March 29, 1976.

Attorney(s) appearing for the Case

R.S. Trigg and Edward F. Browne, Jr., Assistant Public Defenders, for appellant.

Charles A. Achey, Jr., Assistant District Attorney, and D. Richard Eckman, District Attorney, for Commonwealth, appellee.

Before WATKINS, P. J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY HOFFMAN, J., March 29, 1976:

Appellant contends that his sentence for theft was excessive because he was sentenced under § 3903(b)(1) of the Crimes Code,1 rather than under § 3903(b)(2).2

Appellant was indicted for burglary and theft on bill number 1902, 1974, by the Lancaster County Grand Jury. Prior to trial, however, the...

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