Commonwealth v. Cobbs, J., Pet

Supreme Court of Pennsylvania·Decided September 15, 2020·No. 165 MAL 2020 (Granted)·Published

Opinion

M.D Appeal Dkt. 56 - 2020

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 165 MAL 2020 :

Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : :

JAMES HENRY COBBS, : :

Petitioner :

ORDER

PER CURIAM

AND NOW, this 15th day of September, 2020, the Petition for Allowance of Appeal

is GRANTED. The issue, rephrased for clarity, is:

Where a prisoner’s constitutionally infirm life-without-parole sentence for murder committed while a minor formed the basis for a conviction of assault by a life prisoner under 18 Pa.C.S. §2704 committed as an adult, and the prisoner is re-sentenced to forty-years-to-life on the original murder conviction, is the Section 2704 conviction vitiated by such re-sentencing?

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Commonwealth v. Cobbs, J., Pet, (Pa. 2020).

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Related

§ 2704
Pennsylvania § 2704