The Pennsylvania Superior Court has vacated the conviction of an Altoona man and ordered a retrial… citing multiple mistakes in the way the case was handled by the presiding judge and the attorneys. It involves the 2018 case of the Commonwealth v. 50 year old Thomas Yacobucci II, who borrowed a small trailer from another man but didn’t return it. Back on March 19, 2018, he was charged with theft by taking movable property, and receiving stolen property… which could have resulted in him serving five years in prison. His trial was held in August 2019, and Common Pleas Court Judge Timothy M. Sullivan agreed with prosecutors, and dropped the charge agains Yacobucci to theft by unlawful taking, and he dismissed the charge of receiving stolen property. Yacaobucci was ordered to pay restitution to the owner of the trailer of $1,187. He was fined $100. Then on March 13, 2020, the Judge filed a “consent order” in the case changing the charge against Yacobucci from theft by unlawful taking to retail theft. Now, in an 11-page opinion, the Superior Court pointed out the mistakes that were made concerning the Yacobucci case and issued the consent order which alters the charge for which Yacobucci was convicted and says the conviction is vacated.
