Appeal from the Judgment of Sentence entered April 27, 1987 in the Court of Common Pleas of Washington County, Criminal Division, Nos. 975 and 976 of 1986.
John P. Liekar, Public Defender, Canonsburg, for appellant.
Almon S. Burke, Jr., Assistant District Attorney, Washington, for Com.
Cavanaugh, Rowley and Kelly, JJ. Cavanaugh and Rowley, JJ., concur in the result.
[ 377 Pa. Super. Page 507]
Appellant, Daniel Jordan Thompson, seeks to appeal from judgment of sentence entered following his conviction of third degree murder. We deny allowance of appeal of the discretionary aspects of sentence.
[ 377 Pa. Super. Page 508]
FACTS AND PROCEDURAL HISTORY
On August 4, 1986, appellant, David Reynier and Fred Bazzoli, consumed a case of beer while painting a home in Taylorstown, Pennsylvania. After work, they purchased a second case of beer and decided to drive to an isolated location and practice target shooting. Appellant had a .22 magnum rifle and Fred Bazzoli had a 30.06 rifle.
Appellant asked Fred to set up some targets in the field on a tree stump. As Fred walked toward the stump, the gun in appellant's hands discharged; appellant claimed the gun discharged accidentally. Fred was startled but he was not hit. Appellant then challenged David Reynier to take a shot at Fred. David's shot struck Fred in the arm. Both went to see Fred's injury. David told Fred to lay still and that he would go get help. As David walked back to the car, he heard a gun shot. He turned and saw appellant standing with his rifle levelled at Fred. Fred died from the gun shot wounds.
Appellant and David then fled in the victim's girlfriend's car which the victim had borrowed on the day of his death. They eventually turned themselves in to police in Kansas City, Kansas. Though they initially claimed that they had shot Fred in self-defense when he shot at them, David later admitted the foregoing facts.
On February 20, 1987, appellant entered a general plea of guilty to criminal homicide and theft. Because of the evidence of intoxication, the trial court convicted appellant of third degree murder rather than first degree murder. On April 27, 1987, the trial court sentenced appellant to ten (10) to twenty (20) years imprisonment for the murder conviction and a concurrent term of two (2) to four (4) years for the ...