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Commonwealth v. Boone

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


January 16, 2009

COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
v.
RASHAN BOONE, PETITIONER

Petition for Allowance of Appeal from the Order of the Superior Court.

Per curiam.

ORDER

AND NOW, this 2nd day of January, 2009, the Petition for Allowance of Appeal is hereby GRANTED only as to the issue of merger. The order of the Superior Court affirming the judgment of sentence for robbery is hereby VACATED. The crimes of robbery and second degree murder merge for sentencing purposes under Pennsylvania law and the circumstances of this case. See, e.g., Commonwealth v. Tarver, 426 A.2d 569, 573 (Pa. 1981) (holding the same robbery that was the basis for defendant's conviction for murder during a robbery could not be the basis of a separate conviction and sentence for robbery). The Petition for Allowance of Appeal is DENIED in all other respects.*fn1


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