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COM. v. TOMCZAK

252 Pa.Super. 114 (1977)

381 A.2d 140

COMMONWEALTH of Pennsylvania v. Edward TOMCZAK, Appellant.

Superior Court of Pennsylvania.

Decided October 6, 1977.

Rehearing Denied January 19, 1978.

Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, and Benjamin Lerner, Public Defender, Philadelphia, for appellant.

Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, Philadelphia, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

CERCONE, Judge:

On April 7, 1972 appellant was convicted of burglary, larceny, and receiving stolen goods and was sentenced by Judge Curtis C. Carson, Jr. to five years probation. This is an appeal following revocation of that probation.

On February 20, 1976, appellant was arrested and charged with robbery, theft, receiving stolen property, and simple assault. While appellant was in custody in lieu of bail on

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