Opinion
Submitted October 23, 1981.
Decided December 30, 1981.
Appeal No. 302 January Term 1979, from the Judgments of Sentence of the Court of Common Pleas of Philadelphia, Criminal Division, April Term, 1978, Nos. 858, 860, 861, Armand Della Porta, Judge.
Nicholas J. Nastasi, Philadelphia (Court-appointed), for appellant.
Robert B. Lawler, Chief, Appeals Div., Steven Cooperstein, Philadelphia, for appellee.
Before O'BRIEN, C. J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.
On the authority of this Court's decision in Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981), the judgment of sentence entered on appellant's robbery conviction is reversed. The judgments of sentence of murder of the second degree and theft by receiving stolen property are affirmed.
LARSEN and KAUFFMAN, JJ., dissent to the reversal of the judgment of sentence entered on appellant's robbery conviction on the basis of their dissent in Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981).