Monday, July 13, 2009

COMMONWEALTH OF PENNSYLVANIA v. ELI GARRETT BROUGHER

COMMONWEALTH OF PENNSYLVANIA v. ELI GARRETT BROUGHER
No. 954 MDA 2008 2009 PA Super 131 Atlantic: 978 A.2d 373 Filed: 7/13/2009

Appeal from the Judgment of Sentence May 2, 2008
In the Court of Common Pleas of Perry County
Criminal No. CP-50-CR-0000445-2007
Before: PANELLA, SHOGAN and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Eli Garrett Brougher, appeals from the judgment of sentence entered in the Perry County Court of Common Pleas. The issue presented on appeal is whether an unloaded toy pistol, designed to shoot small plastic pellets, constitutes a deadly weapon for purposes of the deadly weapons enhancement. We affirm.
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