Indictments charging defendant with criminal conspiracy, theft by unlawful taking or disposition, theft by receiving stolen property and unauthorized use of an automobile. Before MIRARCHI, JR., J., without a jury. Finding of guilty and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 1672, Oct. T., 1975, from Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1974, Nos. 422, 423, and 424.
Robert B. Lawler, with him Vito F. Canuso, Jr., and Arthur R. Shuman, Jr., for appellant; Carlos M. Morcate, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, submitted a brief for Commonwealth, appellee.
Per Curiam: Judgment of sentence vacated at No. 423 (unauthorized use of an automobile of another) because merged in the sentence at No. 424 (theft); in all other respects, the judgment of sentence is affirmed.
SPAETH, J., would reverse the judgments of sentence imposed on 422 (criminal conspiracy) and 424 (theft, unlawful taking, disposition; theft, receiving stolen property) November Sessions, 1974, discharge appellant pro tanto, and remand for resentencing on 423 November Sessions, 1974 (unauthorized use of automobile).
HOFFMAN, J., joins SPAETH, J.