No. 686 Philadelphia, 1981, Appeal from Order of the Court of Common Pleas, Criminal Division, of Chester County at NO. 1585-80.
Mary McNeill Zell, Philadelphia, for appellant.
Frank Capaldo, Assistant District Attorney, West Chester, for Commonwealth, appellee.
Hester, Cavanaugh and Cirillo, JJ.
[ 306 Pa. Super. Page 415]
At 1:30 p.m. on September 9, 1980, the owner of a 1979 white Chevrolet Camaro Z 28 automobile reported to the police of Plymouth Township, Montgomery County, that her car had been stolen. At about 3:30 p.m. on the same day
[ 306 Pa. Super. Page 416]
police of Tredyffrin Township, Chester County, were notified that gasoline had been stolen from an ARCO Station in Berwyn, Chester County and that a white Camaro Z 28 was involved in the offense. Tredyffrin Township police observed a Camaro automobile meeting the description and gave pursuit. While chasing the suspected vehicle the police officers were advised that the car had been reported stolen earlier in the afternoon.
Appellant, Lance Lawson, was one of the occupants of the automobile and was apprehended by Tredyffrin Township police. He was charged by the police with criminal conspiracy, receiving stolen property, and unauthorized use of an automobile. While the appellant was in the custody of the Tredyffrin Township police, an officer from Easttown Township, Chester County, arrived and served him with a citation charging retail theft of the gasoline from the ARCO Station in Berwyn. This charge involved a summary offense under The Crimes Code, 18 Pa.C.S.A. § 3929 as the amount involved was less than $100.00. On the same evening the appellant was arraigned on the charges of unauthorized use of an automobile, receiving stolen property and criminal conspiracy.*fn1
The appellant requested a hearing before a district justice on the charge of retail theft and he was found not guilty of the charge on January 7, 1981. Subsequently, he filed a motion to quash the information on the other charges since he had been found not guilty of the summary offense. The court below dismissed the motion to quash and the appellant has appealed to this court from the order of dismissal.*fn2
[ 306 Pa. Super. Page 417]
The sole issue for our determination is whether the finding of not guilty of the summary offense of retail theft requires dismissal of the charges of receiving stolen property, unauthorized use of a motor vehicle and criminal conspiracy. The Crimes Code, Act of December 6, 1972, P.L. 1482, No. 334 § 1, et seq. 18 Pa.C.S.A. § 110, sets forth the circumstances in which prosecution is barred by former prosecution for a different offense as follows:
Although a prosecution is for a violation of a different provision of the statutes than a former prosecution or is based on different facts, it is barred by such former ...