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COM. v. HARVEY

No. 267 Capital Appeal Docket.

812 A.2d 1190 (2002)

COMMONWEALTH of Pennsylvania, Appellee, v. Derrick HARVEY, Appellant.

Supreme Court of Pennsylvania.

Decided December 20, 2002.

Attorney(s) appearing for the Case

Jules Epstein, Kevin J. O'Brien, Philadelphia, Daniel Abraham, Pro Hac Vice, David Lubitz, Pro Hac Vice, Adam Rowland, Pro Hac Vice, for Derrick Harvey.

Catherine Marshall, Lawrence J. Goode, Philadelphia, for Commonwealth of Pennsylvania.

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

OPINION

Justice NIGRO.

Following a two-day bench trial, Appellant Derrick Harvey was found guilty of, inter alia, first-degree murder for the killing of Shawn Wilkins. On March 19, 1999, following a bench penalty phase hearing, the trial court concluded that the three aggravating factors it found outweighed the two mitigating factors it also found...

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