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COM. v. SMITH

772 A.2d 75 (2001)

COMMONWEALTH of Pennsylvania, Appellee, v. Walter SMITH, Appellant. Commonwealth of Pennsylvania, Appellee, v. Earnest Gatling, Appellant.

Superior Court of Pennsylvania.

Filed March 13, 2001.

Attorney(s) appearing for the Case

David Zuckerman, Public Defender, John P. Cotter, Philadelphia, for Gatling.

Karl Baker and John Packel, Public Defenders, Philadelphia, for Smith.

Michael Morse and Catherine L. Marshall, Assistant District Attorneys, Philadelphia, for Commonwealth, appellee.

Before McEWEN, P.J., DEL SOLE, HUDOCK, EAKIN, JOYCE, STEVENS, MUSMANNO, ORIE MELVIN, and TODD, JJ.

TODD, J.:

¶ 1 The central issue in these consolidated appeals is whether the offenses of statutory sexual assault1 and corruption of minors2 merge for sentencing purposes.3 As set forth below, while the two offenses by their elements do not necessarily merge for sentencing purposes, under the facts of these cases we hold that the sentences should have merged. Accordingly, we...

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