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Commonwealth v. Rozplochi

385 Pa. Super. 357 (1989)

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Commonwealth v. Rozplochi

Pennsylvania Superior Court
385 Pa. Super. 357 (1989)

CS

Facts

Barbara Cavaliere and Elizabeth DeJesse were working inside the office of a financial-services business, which was located inside a grocery store. Cavaliere heard a knock on the door and saw Albino Rozplochi (defendant) through a window next to the door. Cavaliere asked Rozplochi to state his business through the door. Rozplochi said he had a package for her and held up an identification card and a manila envelope. Cavaliere began to open the door to admit him but became suspicious. As she attempted to close the door, she saw that Rozplochi had a gun. Cavaliere and DeJesse attempted to push the door closed but Rozplochi forced his way in, while brandishing the gun and threatening to “blow them away.” Once inside the office, Rozplochi pointed the gun at both women and threatened to kill them. Rozplochi forced Cavaliere to turn over approximately $22,000 in cash and food stamps from the office safe. Rozplochi then fled and was later arrested and charged with numerous crimes including two counts of robbery, one against Cavaliere and one against DeJesse. Rozplochi was convicted on both counts of robbery. Rozplochi appealed on the basis of ineffective counsel, alleging that his counsel failed to assert that one theft from a single place of business could not support two charges of robbery.

Rule of Law

Issue

Holding and Reasoning (Beck, J.)

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