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Commonwealth v. Lenora Rodriguez 2010 PA Super 14 (1/29/2010)

Topic: Retail Theft – Intent Element of the Offense

Summary: To convict a defendant of Retail Theft, the Commonwealth must prove that she had intent to permanently deprive the store of the merchandise.

Illustration: Defendant was accused of taking a portable stereo from the electronics department of a Walmart store to the customer service desk of the same store.  At the customer service desk, Defendant asked to return the stereo.  The Superior Court concluded that, while Defendant’s actions may have shown her intent to deprive Walmart of cash, it did not show that she intended to deprive the store of the stereo.  Therefore, the evidence did not support a conviction for retail theft.

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