Commonwealth v. Harper

516 A.2d 319, 512 Pa. 155

Opinions

OPINION OF THE COURT

PER CURIAM.

We hold that our decision in Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981), does not have retroactive application beyond those cases which were on direct appeal when Tarver was decided, for the reasons set forth in Mr. Justice Papadakos’ opinion in this case. Since Tarver is not applicable to the present case, the majority does not reach or decide the issue of whether Tarver should be overruled on its merits. Mr. Justice Larsen, Mr. Justice McDermott and Mr. Justice Papadakos would overrule Tarver for the reasons stated in the opinion of Mr. Justice Papadakos.

The order of Superior Court, 340 Pa.Super 619, 490 A.2d 11, is reversed and sentences are reinstated.

PAPADAKOS, J., files a concurring opinion in which LARSEN and McDERMOTT, JJ., join.