No. 1691 Philadelphia, 1980, Appeal from Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section of Philadelphia, County at Nos. 1633, 1634 February Term, 1980.
Richard H. Knox, Philadelphia, for appellant.
Eric I.B. Beller, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Cavanaugh, Cirillo and Hoffman, JJ.
[ 315 Pa. Super. Page 421]
Appellant Ronald Fulton was convicted, following a non-jury trial, of attempted robbery,*fn1 criminal conspiracy,*fn2 and possession of an instrument of crime.*fn3 Post-verdict motions were denied and appellant was sentenced to one-and-one-half to five years imprisonment for attempted robbery; five years probation for conspiracy, to be served concurrently with the term of imprisonment; and five years probation for possession of an instrument of crime, to run consecutive to the term of probation imposed on the conspiracy charge. Appellant now alleges that the lower court erred in convicting and sentencing him for three separate inchoate crimes, all of which were designed to culminate in
[ 315 Pa. Super. Page 422]
the commission of the same crime.*fn4 We agree and, therefore, vacate the judgments of sentence on the conspiracy and possession charges.
The evidence presented at trial disclosed that on January 19, 1980, at 9:00 p.m., appellant entered a McDonald's restaurant on Market Street in Philadelphia. He vaulted over the counter into the service area, pulled from his coat a small caliber handgun, pointed it at the manager, and directed the manager to come toward him. The appellant fled when the manager signaled an employee to activate an alarm. Appellant was apprehended approximately one block from the restaurant within moments of the attempted robbery.
Appellant's conviction and sentence for attempted robbery, criminal conspiracy, and possession of an instrument of crime was clearly improper under 18 Pa.C.S.A. § 906, which states:
§ 906. Multiple convictions barred
A person may not be convicted of more than one offense defined by this chapter for conduct designed to commit or to culminate in ...