COM. v. MORTIMER


356 Pa.Super. 262 (1986)

514 A.2d 602

COMMONWEALTH of Pennsylvania v. Joseph P. MORTIMER, Appellant.

Supreme Court of Pennsylvania.

Filed August 25, 1986.


Attorney(s) appearing for the Case

Raymond H. Bogaty, Public Defender, Grove City, for appellant.

Charles S. Hersh, Assistant District Attorney, Hermitage, for Com., appellee.

Before ROWLEY, McEWEN and TAMILIA, JJ.


OPINION OF THE COURT

ROWLEY, Judge:

On December 27, 1984, appellant Joseph Mortimer was charged with taking an "Atari Pitfall" video tape, worth $10.97, from a Hills Department Store. He appeared before the Court of Common Pleas, Mercer County, on June 12, 1985 and pled guilty to retail theft. This was appellant's second conviction for retail theft. His first conviction occurred in 1980 when he pled guilty before a district magistrate, without the benefit...

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