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COM. v. ROBINSON

936 A.2d 107 (2007)

COMMONWEALTH of Pennsylvania, Appellee v. Danny H. ROBINSON, Appellant.

Superior Court of Pennsylvania.

Filed October 31, 2007.

Attorney(s) appearing for the Case

William Ruzzo, Public Defender, Wilkes-Barre, for appellant.

David W. Lupas, Asst. Dist. Atty., Wilkes-Barre, for Com., appellee.

BEFORE: TODD, KELLY and JOHNSON, JJ.

OPINION BY KELLY, J.:

¶ 1 Appellant, Danny H. Robinson, appeals from the judgment of sentence entered in the Court of Common Pleas of Luzerne County following a jury trial and conviction of robbery and simple assault. Appellant argues that theft is a predicate offense of robbery, and because he was separately charged with but acquitted of theft, his robbery conviction cannot stand. We reject this reasoning and affirm the judgment of sentence.

¶ 2...

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