COM. v. STUTLER

No. 1602 WDA 2007.

966 A.2d 594 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. John Arthur STUTLER, Appellant.

Superior Court of Pennsylvania.

Filed February 11, 2009.


Attorney(s) appearing for the Case

Jeremy J. Davis, Uniontown, for appellant.

Nancy Vernon, Asst. Dist. Atty., for Com., appellee.

BEFORE: MUSMANNO, ORIE MELVIN and KLEIN, JJ.


OPINION BY MUSMANNO, J.

¶ 1 John A. Stutler ("Stutler") appeals from the judgment of sentence imposed after he was found guilty of burglary, criminal conspiracy, criminal attempt to commit theft by unlawful taking, and criminal mischief.1 We vacate the judgment of sentence and remand for a new trial.

¶ 2 The trial court set forth the pertinent facts of this case as follows:

On the evening of November 22, 2005...

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