COM. v. HEALEY


343 Pa.Super. 323 (1985)

494 A.2d 869

COMMONWEALTH of Pennsylvania, Appellant, v. Gerard HEALEY, Appellee.

Supreme Court of Pennsylvania.

Decided June 21, 1985.


Attorney(s) appearing for the Case

Paul J. Walker, Assistant District Attorney, Scranton, for Commonwealth, appellant.

James O'Brien, Assistant Public Defender, Scranton, for appellee.

Before BECK, POPOVICH and TROMMER, JJ.


BECK, Judge:

Appellee was convicted of aggravated assault and recklessly endangering another person. On this appeal by the Commonwealth, we are asked to determine under what circumstances a defendant visibly possesses a firearm, so as to come within the provisions of the mandatory sentencing requirement of section 9712 of the Sentencing Code, 42 Pa.C.S. § 9712.

The relevant facts are as follows. The victim received a call from a friend who told him appellee...

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