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COM. v. ORTIZ

558 Pa. 473 (1999)

738 A.2d 403

COMMONWEALTH of Pennsylvania, Appellant, v. Javier S. ORTIZ, Appellee.

Supreme Court of Pennsylvania.

Decided August 18, 1999.

Attorney(s) appearing for the Case

Mark C. Baldwin, Dist. Atty., Allison W. Stoudt, Asst. Dist. Atty., for Com.

John E. Gainer, for Ortiz.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

CASTILLE, Justice.

The issue before this Court is whether the Superior Court correctly held that an enclosed backyard of an apartment building constitutes the "place of abode" of one of the tenants for the purposes of 18 Pa.C.S. § 6106(a), which provides: "[e]xcept as otherwise provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his...

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