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COM. v. PROCTOR

558 Pa. 382 (1999)

737 A.2d 724

COMMONWEALTH of Pennsylvania, Appellee, v. Roger Seamon PROCTOR, Appellant.

Supreme Court of Pennsylvania.

Decided July 22, 1999.

Reargument denied September 21, 1999.

Attorney(s) appearing for the Case

William J. Hathaway, Erie, for R. Procter.

Mark Waitlevertch, Meadville, for Commonwealth.

Robert A. Graci, Harrisburg, for Office of Atty. General.

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

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal from the denial of post conviction relief in a death penalty case.1

On March 20, 1988 appellant was convicted of murder of the first degree, conspiracy to commit murder, robbery, and conspiracy to commit robbery. A unanimous jury sentenced him to death.2 Post-trial motions were denied, and on October 3,

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