LIPEZ, Judge:
This is an appeal from a judgment of sentence for "retail theft, third or subsequent offense," under the Crimes Code, 18 Pa.C.S. § 3929(a)(1) and (b)(1)(IV) (Supp. 1982-1983). We agree with defendant's argument that prior convictions for shoplifting under the 1939 Penal Code may not be used to increase the grade of a retail theft offense under 18 Pa.C.S. § 3929(b)(1), and only prior convictions for retail theft under the Crimes Code may be...
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