Opinion
September 27, 1976.
Appeal from the Court of Common Pleas, Allegheny County, Criminal Division, No. 5891A October Term, 1974, Wessel, J.
John J. Dean, Anthony J. Lalama, Pittsburgh, for appellant.
John J. Hickton, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Asst. Dist. Attys., Pittsburgh, for appellee.
Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.
The evidence was sufficient for the trial judge to deny appellant's demurrer, Commonwealth v. Henderson, 451 Pa. 452, 304 A.2d 154 (1973), and to find appellant guilty of robbery, theft, and simple assault. Commonwealth v. Herman, 227 Pa. Super. 326, 323 A.2d 228 (1974). The convictions are therefore affirmed. However, the judgments of sentence are vacated and the case is remanded for resentencing consistent with the doctrine of merger. Commonwealth v. Nelson, 452 Pa. 275, 305 A.2d 369 (1973).
So ordered.