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COM. v. SIMS

883 A.2d 593 (2005)

COMMONWEALTH of Pennsylvania, Appellee, v. Chester SIMS, Appellant.

Superior Court of Pennsylvania.

Filed August 10, 2005.

Attorney(s) appearing for the Case

Karl Baker, Philadelphia, for appellant.

Hugh J. Burns, Jr., Asst. Dist. Atty., Philadelphia, for Com., appellee.

BEFORE: DEL SOLE, P.J., GANTMAN, and OLSZEWSKI, JJ.

OPINION BY GANTMAN, J.:

¶ 1 Appellant, Chester Sims, appeals from his judgment of sentence and asks us to determine whether the court erred in convicting him of attempted escape. Specifically, Appellant claims the court improperly found him guilty of criminal attempt where the Commonwealth did not charge him with that offense. After careful review, we hold the court erred when it found Appellant guilty of attempted escape, where the Commonwealth did not separately...

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