Opinion
Submitted June 14, 1976.
December 20, 1976.
Indictments charging defendant with robbery, criminal conspiracy, carrying a firearm in a public street or place, carrying a firearm without a license, unlawful possession of an instrument of crime and unlawful possession of a prohibited offensive weapon. Before CAIN, JR., J., without a jury. Finding of guilty and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 192, Oct. T., 1976, from Court of Common Pleas, Trial Division, of Philadelphia, March T., 1975, Nos. 2257 to 2263, inclusive. Submitted June 14, 1976.
Lawrence M. Silverman, for appellant; Mark Zecca, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Appellant's convictions on bill of indictment numbers 2257, 2259, 2260, 2261, 2262, and 2263 are affirmed. As to bill of indictment number 2258, there being no evidence of concealment of the weapon, appellant's conviction for carrying a firearm without a license is reversed. See § 6106 of the Crimes Code, Act of December 6, 1972, No. 334, P.L. 1482; 18 Pa.C.S.A. § 6106. Case is remanded for resentencing on bill numbers 2257, 2259, 2260, 2261, 2262, and 2263. See Commonwealth v. Lockhart, 223 Pa. Super. 60, 296 A.2d 883 (1972).
SPAETH, J., dissents.