COM. v. YATES


386 Pa.Super. 282 (1989)

562 A.2d 908

COMMONWEALTH of Pennsylvania v. Elijah YATES, Appellant.

Supreme Court of Pennsylvania.

Filed August 14, 1989.


Attorney(s) appearing for the Case

Larry D. Feldman, Philadelphia, for appellant.

Donna G. Zucker, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before DEL SOLE, KELLY and HESTER, JJ.


KELLY, Judge:

The principal issue raised by this appeal is whether two convictions for aggravated assault, arising from injuries to two individuals caused by a single blast from a shotgun, should have been deemed to have merged under the common law merger doctrine as applied in Pennsylvania. We find that the offenses did not merge, and affirm the order denying appellant post-conviction relief.

In February 1981, appellant went to Debra Wimes' apartment armed...

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