COM. v. BRAZZLE


272 Pa.Super. 438 (1979)

416 A.2d 536

COMMONWEALTH of Pennsylvania v. Wayne F. BRAZZLE, Appellant.

Superior Court of Pennsylvania.

Filed December 7, 1979.


Attorney(s) appearing for the Case

L. Jackson Thomas, II, West Chester, for appellant.

Janet L. Crawford, Assistant District Attorney, West Chester, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.


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...

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