Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Delaware County, No. 3809-85.
Rosemary W. Dann, Public Defender, Wallingford, for appellant.
Vram Nedurian, Jr., Assistant District Attorney, Newton Square, for Com.
Wieand, Kelly and Hester, JJ.
[ 372 Pa. Super. Page 401]
Joseph Quartapella was tried non-jury and was found guilty of theft by deception. Post-trial motions were denied, and he was sentenced to make restitution and undergo imprisonment for not less than six months nor more than twelve months. On direct appeal, he argues that the evidence was insufficient to sustain the verdict and that the sentence was excessive. We disagree and affirm the judgment of sentence.
[ 372 Pa. Super. Page 402]
Theft by deception is defined at 18 Pa.C.S. § 3922 as follows:
(a) A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally:
(1) creates or reinforces a false impression including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
(2) prevents another from acquiring information which would affect his judgment of a transaction; or
(3) fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
(b) Exception -- The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to ...