Monday, October 20, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA, (Appellant at 1966) v. THOMAS J. ROSE (Appellant at 395)

COMMONWEALTH OF PENNSYLVANIA, (Appellant at 1966) v. THOMAS J. ROSE (Appellant at 395)
No. 395 & 1966 WDA 2007 2008 PA Super 249 Atlantic: 960 A.2d 149 Filed: 10/20/2008

Appeal from the Judgment of Sentence entered on
January 24, 2007, in the Court of Common Pleas of Westmoreland
County, Criminal Division, at No(s). 4279 CR 2005
Before: LALLY-GREEN, KLEIN, AND POPOVICH, JJ.
Opinion by: LALLY-GREEN, J.
Appellant Thomas J. Rose appeals from the judgment of sentence entered on January 27, 2007. The Commonwealth has filed a cross-appeal. We conclude that Rose’s appeal lacks merit and that the Commonwealth’s cross-appeal is meritorious. Thus, we affirm in part and remand for further proceedings.
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