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COM. v. UDERRA

862 A.2d 74 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Jose UDERRA, Appellant.

Supreme Court of Pennsylvania.

Decided October 21, 2004.

Reargument Denied January 21, 2004.

Attorney(s) appearing for the Case

Alexandra B. Fensterer, Esq., Christina Allison Swarns, Esq., Philadelphia, for Jose Uderra.

Hugh J. Burns, Esq., Amy Zapp, Esq., Philadelphia, Commonwealth of Pennsylvania.

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

OPINION

Justice SAYLOR.

Appellant, Jose Uderra, seeks relief from his conviction and sentence in this capital, post-conviction appeal.

In October of 1991, Appellant robbed, beat, shot, and killed Michael Sharpe in a Philadelphia street following a dispute concerning a sale of illicit drugs. In 1993, he was tried jointly with a coconspirator, Juan Perez, and convicted, inter alia, of first-degree murder. In the course of a penalty proceeding...

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