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COM. v. WEIGLE

No. 63 EAP 2008.

997 A.2d 306 (2010)

COMMONWEALTH of Pennsylvania, Appellant v. Justin WEIGLE, Appellee.

Supreme Court of Pennsylvania.

Decided March 24, 2010.

Attorney(s) appearing for the Case

Ellen T. Greenlee, Esq., Karl Baker, Esq., Peter Rosalsky, Esq., Defender Ass'n of Philadelphia, for amicus curiae, Defender Ass'n of Philadelphia.

Peter Carr, Esq., Hugh J. Burns, Jr., Esq., Philadelphia Dist. Attorney's Office, for appellant, Com. of PA.

Fortunato N. Perri, Esq., McMonagle, Perri, McHugh & Mischak, P.C., Philadelphia, Carson B. Morris, Esq., for appellee, Justin Weigle.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Chief Justice CASTILLE.

The issue before this Court is whether, under Pennsylvania Rule of Criminal Procedure 560(B)(5), the Commonwealth properly may return a criminal information charging robbery where the accused was held for trial on charges of retail theft and aggravated assault, on grounds that robbery is a cognate offense to retail theft. Herein, the accused was originally charged with two counts of robbery, but those charges were dismissed...

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