Superior Court of Pennsylvania October 31, 2007, 2196 MDA 2006 (Commonwealth v. Robinson)

OPINION BY

KELLY, J.:

¶ 1 Appellant, Danny H. Robinson, appeals from the judgment of sentence entered in the Court of Common Pleas of Luzerne County following a jury trial and conviction of robbery and simple assault. Appellant argues that theft is a predicate offense of robbery, and because he was separately charged with but acquitted of theft, his robbery conviction cannot stand.