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Commonwealth v. Boone

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 ...


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