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COMMONWEALTH v. WHITAKER
2011 PA Super 205
Superior Court of Pennsylvania.
Filed: September 26, 2011.


 

 

Judgment of sentence affirmed.
MUSMMANO, J. CONCURS IN RESULT.


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Footnotes


* Former Justice specially assigned to the Superior Court.

1. 18 Pa. C. S. A. § 2502.

2. 18 Pa.C.S.A. § 907(a).

3. Appellant, born on October 9, 1989, was seventeen at the time of the incident.

4. In summary, the testimony pertained to the brutal beating death of the victim who had been repeatedly struck on the head with a hammer and stabbed multiple times in the chest with a sword on September 10, 2007.

5. We have assigned these page numbers to the trial court opinion, as the original was not paginated.

6. Though the Pa.R.A.P. 1925(b) statement contains eight numbered assertions, in the final two Appellant reserves his right to supplement the statement.

7. Appellant's first argument in his brief combines arguments four and five which he raised in his Pa.R.A.P. 1925(b) statement. The remaining three issues Appellant had included in his concise statement of the errors complained of on appeal have been waived for his failure to develop them in his brief. See Commonwealth v. Bullock, 948 A.2d 818, 823 (Pa. Super. 2008) (stating an issue identified on appeal but not developed in an appellant's brief is abandoned and, therefore, waived).

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