Wednesday, December 15, 2010

COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON

COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON
No. 2724 EDA 2008 2010 PA Super 233 Atlantic: n/a Filed: 12/15/2010

Appeal from the Judgment of Sentence of August 18, 2008
In the Court of Common Pleas of Philadelphia County
Criminal Division, No. CP-51-CR-0010866-2007
Before: FORD ELLIOTT, P.J., and STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS and MUNDY, JJ.
Opinion by: PANELLA, J.
Concurring Statement by: FORD ELLIOT, P.J.
Dissenting Opinion by: LAZARUS, J.
This is an appeal from an order of the Philadelphia Gun Court which authorized random, warrantless searches as a condition of probation and parole for Appellant, David A. Wilson. Wilson raises a number of challenges to this condition, imposed by the Honorable Susan I. Shulman, on August 18, 2008, in the Court of Common Pleas of Philadelphia County. After careful review, we affirm the condition as it applies to the probationary sentence, but are required to vacate with respect to the state parole aspect of the sentence.
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