Opinion
Submitted September 12, 1977.
July 12, 1978.
Indictments charging defendant with aggravated assault and criminal attempt to commit robbery. Before PODCASY, J. Verdict of guilty of both charges and judgment of sentence entered. Defendant appealed. Appeal, No. 789, Oct. T., 1977, from Court of Common Pleas of Luzerne County, No. 1820 of 1976. Submitted September 12, 1977.
John J. Thomas, Assistant Public Defender, for appellant; Thomas J. Glenn, Jr., Assistant District Attorney, and Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.
Appellant's claim that his offenses should have merged is without merit. However, the judgment of sentence is vacated and the case is remanded for resentencing on both the aggravated assault and attempt charges; the new sentence is to be imposed in conformance with 18 Pa. C.S. § 1357.
WATKINS, former P.J., did not participate in the consideration of decision of this case.