¶1Dissenting:
¶2¶ 1 I cannot agree with the Majority’s conclusion that a theft conviction can be graded as a first-degree misdemeanor under 18 Pa.C.S.A. § 3903 absent a showing that the property is taken from the victim’s body. I do not agree that where the property is unknowingly taken in the victim’s presence, but not from the person as Section 3903 directs, its grading provisions should apply. Both Ms. Geiser’s and Ms. Hedgepath’s items were taken from purses which were placed by them under their seats in a movie theater. The victims placed their purses on the floor and were not holding onto or touching the purses or the straps. They never felt or recognized *421when Appellant removed an item from their purses. Under these circumstances, where the item is not physically on the victim and the victim does not even realize an item has been taken, I believe we must conclude that counsel was ineffective for stipulating to the grading of the theft offense as a first-degree misdemeanor.