Retail Theft • Regrading of Offense • Similarity of Out-of-State Convictions to Pennsylvania Statute
Commonwealth v. Vandyke, PICS Case No. 17-0328 (Pa. Super. March 1, 2017) Bowes, J. (17 pages).
A court was only permitted to determine the applicability of an out-of-state offense under the elements test rather than a facts-of-the-offense test, and where the prior convictions enhancement provision merely required offenses be similar rather than identical or equivalent. Judgment of sentence vacated, case remanded.
