COMMONWEALTH OF PENNSYLVANIA v. LALLITRA LYNETTE COPPEDGE

COMMONWEALTH OF PENNSYLVANIA v. LALLITRA LYNETTE COPPEDGE No. 359 MDA 2009 2009 PA Super 226 Atlantic: n/a Filed: 11/24/2009
	Appeal from the Judgment of Sentence of October 8, 2008 in the Court of Common Pleas of Franklin County, Criminal Division, No. CP-28-CR-0001626-2007cri
Before: FORD ELLIOTT, P.J., KLEIN, J. and McEWEN, P.J.E.
Opinion by: KLEIN, J.
Lallitra Lynette Coppedge scalded her then-three-year-old daughter in hot bath water, causing the child to suffer second- and third-degree burns. A jury convicted Coppedge of simple assault, 18 Pa.C.S.A. 2701(a)(1), and endangering the welfare of children, 18 Pa.C.S.A. § 4304(a)(1). She was sentenced to 12 to 36 months’ incarceration for simple assault and a consecutive 6 to 36 months’ incarceration for child endangerment. On appeal, Coppedge asserts that her sentence is illegal because simple assault should have merged with child endangerment for sentencing purposes. Because the legislature has adopted a strict, technical merger test rather than a test that considers the facts of the individual case, we are compelled to find that these two offenses do not merge. Therefore, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL C. JUDY

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL C. JUDY No. 1028 MDA 2008 2009 PA Super 148 Atlantic: 978 A.2d 1015 Filed: 7/30/2009
	Appeal from the Judgment of Sentence entered January 24, 2008 In the Court of Common Pleas of Dauphin County Criminal at No. CP-22-CR-0002662-2006
Before: BOWES, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant Michael C. Judy appeals from judgment of sentence after a jury convicted him of sexual offenses stemming from his alleged sexual abuse of a female child over a period of eight years. Appellant was sentenced to an aggregate term of four to ten years in state prison and classified as a sexually violent predator. Post-sentence motions were denied and timely appeal followed. The record discloses compliance with Pa.R.A.P. 1925. Appellant maintains that statements made by the assistant district attorney in closing argument constituted prosecutorial misconduct, that a mistrial was warranted, and that the intentional nature of the misconduct bars retrial under double jeopardy principles. We disagree. Accordingly, we affirm judgment of sentence.

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IN RE: IN THE MATTER OF M.S. APPEAL OF: R.S.

IN RE: IN THE MATTER OF M.S. APPEAL OF: R.S. No. 1297 WDA 2008 2009 PA Super 147 Atlantic: n/a Petition for Reargument Denied 9/22/2009 Filed: 7/29/2009
	Appeal from the Order Dated July 1, 2008, In the Court of Common Pleas of Erie County, Criminal Division at No. 350 of 2008.
Before: PANELLA, DONOHUE, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Dissenting Opinion Opinion by: DONOHUE, J.
Appellant R.S. appeals the trial court’s order granting the Erie County Office of Children and Youth (ECOCY) temporary legal and physical custody of Appellant’s minor daughter, M.S., and setting her permanency goal as adoption. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JOSHUA LILLEY, SR.

COMMONWEALTH OF PENNSYLVANIA v. JOSHUA LILLEY, SR. No. 1986 WDA 2008 2009 PA Super 143 2009 PA Super 143 Atlantic: 978 A.2d 995 Filed: 7/21/2009
	Appeal from the Judgment of Sentence October 29, 2008 In the Court of Common Pleas of Erie County, Criminal at No(s): CP-25-CR-0003024-2007
Before: LALLY-GREEN, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
Appellant, Joshua Lilley, Sr., appeals from judgment of sentence entered by the Court of Common Pleas of Erie County. Appellant’s court-appointed counsel (“Counsel”) has filed a brief and a petition to withdraw from this appeal on the basis of frivolity. After conducting an independent review of the record, we grant the petition to withdraw and affirm judgment of sentence.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MELISSA DEE BAKER

COMMONWEALTH OF PENNSYLVANIA v. MELISSA DEE BAKER No. 1785 EDA 2007 2008 PA Super 288 Atlantic: 963 A.2d 495 Filed: 12/19/2008
	Appeal from the Judgment of Sentence February 20, 2007 In the Court of Common Pleas of Lackawanna County Criminal at No(s): CP-35-CR-0000582-2006
Before: STEVENS, FREEDBERG, and POPOVICH, JJ.
Opinion by: STEVENS, J.
Melissa Baker challenges a February 20, 2007 judgment of sentence entered in the Court of Common Pleas of Lackawanna County. We affirm.

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