COM. v. JACKSON


401 Pa.Super. 426 (1991)

585 A.2d 533

COMMONWEALTH of Pennsylvania, Appellee, v. William D. JACKSON, Appellant.

Superior Court of Pennsylvania.

Filed February 6, 1991.


Attorney(s) appearing for the Case

Shelley Stark, Public Defender, Pittsburgh, for appellant.

Thaddeus A. Dutkowski, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

Before CAVANAUGH, POPOVICH and BROSKY, JJ.


CAVANAUGH, Judge.

Before us is an appeal from the judgement of sentence entered May 18, 1990. The sole issue on appeal is whether, for the purpose of the sentencing guidelines, a house is occupied when the owner or tenant is sitting on the back porch. We hold that when the rightful possessor is seated on the back porch of her home at the time it is burglarized, that person is within the structure for the purposes of calculating the gravity of the offense under the...

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