COM. v. RHOADS


431 Pa.Super. 437 (1994)

636 A.2d 1166

COMMONWEALTH of Pennsylvania v. Dwayne R. RHOADS, Appellant.

Superior Court of Pennsylvania.

Filed January 26, 1994.


Attorney(s) appearing for the Case

David Crowley, Bellefonte, for appellant.

J. Karen Arnold, Asst. Dist. Atty., Bellefonte, for the Com., appellee.

Before DEL SOLE, FORD ELLIOTT and HOFFMAN, JJ.


FORD ELLIOTT, Judge:

This is an appeal from the judgment of sentence entered on September 14, 1992. The only issue on appeal is whether the trial court properly sentenced appellant under two separate subsections of the simple assault statute on the basis of one criminal act. This single issue is meritorious, and as a result, we reverse.

The relevant facts underlying the case sub judice are that appellant was arrested on August 22, 1990, and charged...

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