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COMMONWEALTH PENNSYLVANIA v. PAUL UPSHER (10/08/81)

decided: October 8, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
PAUL UPSHER, APPELLANT



On Appeal No. 80-1-112 from the Judgment of Sentence of May 1, 1980 entered on May 1, 1980 in the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division at No. CC7804699 and CC7804637; Zoran Popovich, Judge.

COUNSEL

W. Terrence O'Brien, Pittsburgh (court-appointed), for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Stella L. Smetanka, Asst. Dist. Atty., Pittsburgh, for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ. Flaherty, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 495 Pa. Page 621]

ORDER

The Judgment of Sentence entered at No. CC7804637 is affirmed. The Judgment of Sentence entered at No. CC7804699 (the robbery charge) made to run consecutive with the sentence at No. CC7804637 is vacated for the reasons set forth in Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981).

Mr. Justice Larsen and Mr. Justice Kauffman dissent in that they would affirm the judgment of sentence entered at No. CC7804699 for reasons set forth in Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d at 575 (1981) (Larsen, J. dissenting joined by Kauffman, J.).

19811008

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