Opinion
Submitted September 12, 1977.
November 17, 1978.
Indictments charging defendant with criminal conspiracy, theft by unlawful taking, criminal attempt at theft, and possession of instruments of crime. Before BUCHER, J. Demurrer sustained to charges of theft and verdict of guilty of remaining charges. Defendant's motion in arrest of judgment granted with respect to conspiracy conviction, and denied with respect to convictions of criminal attempt and possession of instruments of crime and judgment of sentence entered. Defendant appealed. Appeal, No. 983, Oct. T., 1977, from Court of Common Pleas of Lancaster County, Nos. 3285 and 3286 of 1975. Submitted September 12, 1977.
Edward F. Browne, Jr., Assistant Public Defender, for appellant; D. Richard Eckman, District Attorney, for Commonwealth, appellee.
Judgments of sentence are vacated and case is remanded for resentencing by the lower court for either criminal attempt or possession of an instrument of crime. See, Commonwealth v. Crocker, 256 Pa. Super. 63, 389 A.2d 601 (1978).
WATKINS, former P.J., and HOFFMAN, J., did not participate in the consideration or decision of this case.