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COM. v. CAMPBELL

273 Pa.Super. 407 (1980)

417 A.2d 712

COMMONWEALTH of Pennsylvania v. Darl Lois CAMPBELL, Appellant.

Superior Court of Pennsylvania.

Filed January 4, 1980.

Attorney(s) appearing for the Case

Thomas G. Klingensmith, Assistant Public Defender, Lancaster, for appellant.

Edward F. Browne, Jr., Assistant District Attorney, Lancaster, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.

HOFFMAN, Judge:

Appellant contends that because the Commonwealth's bill of information charging her with retail theft under section 3929(a)(1) of the Crimes Code1 did not mention a prior offense, the lower court should have sentenced her as a first offender.2 We agree and, accordingly, vacate the judgment of sentence and remand the case for resentencing.

On November 11, 1977, the District Attorney of...

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