This appeal follows adjudication of delinquency on charges of attempted burglary, attempted criminal trespass and criminal conspiracy. Appellant challenges the sufficiency of the evidence supporting his adjudication on those charges. After reviewing the record, we conclude there existed sufficient evidence to sustain appellant’s conviction on any one of those charges. Conviction for all three, however, will not stand.
The afternoon of Sunday, May 8, 1983, appellant and another boy attempted to break into a store. They abandoned their effort after appellant hurled a cobblestone through a 6" by 8" window. Three charges, attempted burglary, attempted criminal trespass and conspiracy, arose from that single attempted entry. Conviction of more than
Given the lower court’s error in convicting appellant both of conspiracy to commit burglary and attempted burglary, we have the option either to remand for resentencing or to amend the sentence directly. Commonwealth v. Gonzales,
Two charges, attempted burglary and attempted criminal trespass, remain. The ultimate offenses, burglary and criminal trespass, are not gradations of the same offense. Commonwealth v. Simpson,
Order modified in accordance with this opinion.
Order as modified affirmed.
Notes
. Appellant’s failure to raise these issues below does not bar our consideration thereof. Commonwealth v. Franklin,
. Our decision today reflects an awareness of the long-term effects of an adjudication of delinquency. See 42 Pa.C.S. § 6354.
