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COMMONWEALTH PENNSYLVANIA v. TYRONE MURPHY (02/18/83)

filed: February 18, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
TYRONE MURPHY, APPELLANT



No. 2286 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County, May Term, 1980, Nos. 1305 and 1308.

COUNSEL

John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.

Jane Culter Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Hester, Cirillo and Johnson, JJ.

Author: Hester

[ 310 Pa. Super. Page 374]

Appellant's sole contention on this direct appeal is that the Commonwealth failed to prove that he was sentenced to a "term of years" as required by 18 Pa.C.S.A. § 2703, Assault by Prisoner, and that his conviction thereunder must necessarily fall. We disagree and affirm the judgment of sentence.

On March 3, 1980, appellant was sentenced to serve a term of imprisonment of not less than one (1) month nor more than twenty-three (23) months at Philadelphia County Prison on charges of unauthorized use of an automobile. While incarcerated, he attacked and injured two correctional officers with a piece of broken mirror. After a non-jury

[ 310 Pa. Super. Page 375]

    trial, appellant was adjudged guilty of two counts of Assault by Prisoner, two counts of Simple Assault, and two counts of Recklessly Endangering Another Person. Post-verdict motions were duly filed and denied; thereafter appellant was sentenced to concurrent terms of two (2) to four (4) years imprisonment on the assault by prisoner convictions and one (1) to two (2) years imprisonment on the simple assault convictions. Appellant received suspended sentence on the two counts of recklessly endangering another person. This appeal challenges only the assault by prisoner convictions.

The statute under which appellant was convicted provides as follows:

§ 2703. Assault by prisoner

A person who has been found guilty and is awaiting sentence to imprisonment, or a person who has been sentenced to imprisonment for a term of years in any local or county detention facility, jail or prison or any State penal or correctional institution or other State penal or correctional facility, located in this Commonwealth, is guilty of a felony of the second degree if he, while so confined or committed or while undergoing transportation to or from such an institution or facility in or to which he was confined or committed intentionally or ...


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