Commonwealth v. Smith, M.
This text of Commonwealth v. Smith, M. (Commonwealth v. Smith, M.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
lN THE SUPREME COURT OF PENNSYLVANlA EASTERN D|STR|CT
CO|\/||\/|ONWEALTH OF PENNSYLVAN|A, 1 No. 306 EAL 2014
Respondent : Petition for Allowance of Appeal from the : Unpub|ished Memorandum and Order v. : of the Superior Court at No. 2876 EDA : 2009 filed November 12, 2010, affirming : the Judgment of Sentence of the l\/lAURlCE Sl\/llTH, : Philadelphia County Court of Common : Pleas at Nos. CP-5'l-CR-001'l502-2007 Petitioner : and lVlC-5'l-CR-0008260-2007 filed : September 17, 2009
ORDER
PER CUR|AM
AND NOW, this 24th day of September 2014, the Petition for Allowance of Appeal is GRANTED and the judgments of sentence for robbery and conspiracy are VACATED. See Commohwea|th v. Tarver, 426 A.2d 569 (Pa. 1981) (ho|dihg that sentences for second-degree murder and robbery merge where the factual basis for the conviction for second-degree murder is the same as that of the robbery.) l
Commohwea|th v. Boone, 2009 Pa. LEXlS 925 (Pa. 2009). Case REMANDED to the
Court of Common Pleas for resentencing for the conspiracy offense. The Petition for
Allowance of Appeal is DEN|ED in all other respects
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