Monday, June 2, 2008

Superior Court - June 2, 2008 - COMMONWEALTH OF PENNSYLVANIA v. LARRY D. WALLS

COMMONWEALTH OF PENNSYLVANIA v. LARRY D. WALLS
No. 915 WDA 2006 2008 PA Super 120 Atlantic: n/a Filed: 6/2/2008
Appeal from the Judgment of Sentence ofOctober 1, 2003 in the Court of Common Pleas ofBlair County, Criminal, No. 1999 CR 2173
Before: MUSMANNO, KLEIN and POPOVICH, JJ
Opinion by: KLEIN, J.
Larry Walls appeals from his judgment of sentence entered on October 1, 2003. A jury found him guilty of, inter alia, robbery and aggravated assault; he was sentenced to an aggregate term of imprisonment of 13 to 26 years. On January 29, 2007, we affirmed his judgment of sentence and on November 20, 2007, the Supreme Court of Pennsylvania vacated our decision and remanded for reconsideration in light of Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006), which holds that merger is proper even though the lesser offense requires a scienter component not included within the elements of the greater offense.

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