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COMMONWEALTH PENNSYLVANIA v. WILLIAM BROOKS (09/27/76)

decided: September 27, 1976.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
WILLIAM BROOKS, JR., APPELLANT



Appeal from the Judgment of Sentence in the Court of Common Pleas of Allegheny County, Criminal Division, at No. 5891A October Term, 1974. No. 635 April Term, 1975.

COUNSEL

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.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.

Author: Per Curiam

[ 242 Pa. Super. Page 7]

The evidence was sufficient for the trial judge to deny appellant's demurrer, Commonwealth v. Henderson, 451 Pa. 452,

[ 242 Pa. Super. Page 8304]

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.

19760927

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