COM. v. GREEN


928 A.2d 1102 (2007)

COMMONWEALTH of Pennsylvania, Appellee v. James GREEN, Appellant.

Superior Court of Pennsylvania.

Filed July 12, 2007.


Attorney(s) appearing for the Case

Karl Baker, Public Defender, Philadelphia, for appellant.

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

BEFORE: TODD, J., McEWEN, P.J.E., and JOHNSON, J.


OPINION BY TODD, J.:

¶ 1 James Green appeals the December 8, 2005 judgment of sentence imposed by the Philadelphia Court of Common Pleas after he was convicted at a bench trial of retail theft.1 We vacate and remand for resentencing.

¶ 2 On December 8, 2005, Green was convicted of the foregoing offense for stealing two bottles of Tylenol from a CVS store. At his sentencing that same day, Green's conviction was graded...

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