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COM. v. KELLY

836 A.2d 931 (2003)

COMMONWEALTH of Pennsylvania, Appellee, v. David Fitzgerald KELLY, Appellant.

Superior Court of Pennsylvania.

Filed November 7, 2003.

Attorney(s) appearing for the Case

Sean M. Fitzgerald, Chambersburg, for appellant.

John F. Nelson, Asst. Dist. Atty., Chambersburg, for Com., appellee.

BEFORE: KLEIN, BENDER and TAMILIA, JJ.

OPINION BY KLEIN, J.:

¶ 1 David Fitzgerald Kelly appeals from the judgment of sentence entered in the Court of Common Pleas of Franklin County. Essentially, Kelly claims that it was improper to order restitution for damage to a truck that was broken into when all he was convicted of was receiving stolen property of items taken from inside the truck and there was no evidence that he was the one who broke into the truck. Under Pennsylvania law, while it is improper...

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