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COM. v. SMITH

861 A.2d 892 (2004)

COMMONWEALTH of Pennsylvania, Appellee v. Lawrence SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided November 17, 2004.

Attorney(s) appearing for the Case

Gary Sanford Server, Philadelphia, for Lawrence Smith, appellant.

Hugh J. Burns, Philadelphia, Amy Zapp, Harrisburg, Peter Carr, for the Com. of PA, appellee.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice CAPPY.

This is a direct appeal from the judgments of two sentences of death imposed on Lawrence Smith ("Appellant").1 For the reasons expressed in this opinion, we affirm the first degree murder convictions but reverse his sentences of death and remand for a new penalty hearing.

On February 2, 2000, Appellant and an accomplice robbed Songha Willis ("Willis") and several other people in a parking...

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