| COMMONWEALTH OF PENNSYLVANIA v. BEREIM LAWRENCE DORM No. 993 MDA 2009 2009 PA Super 77 Atlantic: 971 A.2d 1284 Filed: 4/21/2009 | |
| Appeal from the Order of May 19, 2008, in the Court of Common Pleas of York County, Criminal Division, at No. CP-67-CR-0003734-2007. | |
| Before: FORD ELLIOTT, P.J., MUSMANNO and COLVILLE, JJ. | |
| Opinion by: COLVILLE, J. | |
| The Commonwealth appeals the order granting Bereim Dorm (“Dorm”) a new trial. The trial court issued the aforesaid order after finding that confusing jury instructions and an incorrect verdict slip produced an uncertainty as to which offense Dorm was convicted of committing at a certain count, prevented the court from knowing what sentencing provisions applied to Dorm, and/or otherwise resulted in an unfair trial process. As explained more fully infra, the Commonwealth claims the court erred because Dorm waived any objection to the jury instructions and because those instructions were correct as a matter of law. We affirm in part, vacate in part and remand for a new trial. | |
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