COM. v. GIBSON


447 Pa.Super. 132 (1995)

668 A.2d 552

COMMONWEALTH of Pennsylvania, Appellee, v. Darnella GIBSON, a/k/a Tasha Davis, Appellant.

Superior Court of Pennsylvania.

Filed December 6, 1995.


Attorney(s) appearing for the Case

Timothy J. O'Connell, Harrisburg, for appellant.

Richard E. Guida, Assistant District Attorney, Harrisburg, for Commonwealth, appellee.

Before POPOVICH, SAYLOR and BROSKY, JJ.


POPOVICH, Judge.

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Dauphin County, following appellant's conviction on one count of criminal conspiracy to commit retail theft. In this case of first impression, we are asked to determine whether appellant's sentence for criminal conspiracy which was enhanced pursuant to 18 Pa.C.S.A. § 3929(b)(1)(iv), was legal where the Commonwealth failed to allege appellant's prior retail...

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