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Commonwealth v. Simmons

Supreme Court of Pennsylvania

April 29, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ERNEST SIMMONS, Appellant

Argued April 9, 2014

Petition for certiorari filed at, 07/22/2014

Appeal from the Order of the Superior Court entered November 30, 2012 at No. 762 WDA 2011, affirming the Judgment of Sentence of the Court of Common Pleas of Cambria County, entered February 17, 2011 at No. CP-11-CR-0001144-1992. Trial Court Judge: Timothy P. Creany, President Judge. Intermediate Court Judith F. Olson, David N. Wecht, William Platt, JJ.

For Ernest Simmons, APPELLANT: Thomas M. Dickey, Esq.

For Commonwealth of Pennsylvania, APPELLEE: Scott Michael Lilly, Esq.

JUDGES: BEFORE: Mr. Justice Stevens files a Concurring Statement.

OPINION

ORDER

PER CURIAM

AND NOW, this 29th day of April, 2014, the Order of the Superior Court is hereby AFFIRMED.

Mr. Justice Stevens files a Concurring Statement.

CONCUR BY: Stevens

CONCUR

CONCURRING STATEMENT

I join this Court's per curiam affirmance. Nevertheless, I wish to emphasize my view that the communication of threats made by a probationer to an intended victim is not a requirement to find the probationer engaged in " assaultive behavior" in violation of the general condition for special probation or parole set forth in 37 Pa. Code § 65.4(5)(iii).


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