COM. v. SMITH

No. 1120 MDA 2006.

956 A.2d 1029 (2008)

2008 PA Super 206

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

Superior Court of Pennsylvania.

Filed September 4, 2008.


Attorney(s) appearing for the Case

MaryJean Glick, Public Defender, Lancaster, for appellant.

Ryan T. Boop, Assistant District Attorney, Lancaster, for Commonwealth, appellee.

BEFORE: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BENDER, BOWES, GANTMAN, and SHOGAN, JJ.


OPINION BY LALLY-GREEN, J.:

¶ 1 Appellant, Cory Smith, appeals from the judgment of sentence entered on January 4, 2006. We affirm in part, vacate in part, and remand.

¶ 2 The factual and procedural history of the case is as follows. On December 18, 2002, Appellant brought his infant son, Korey Smith, to a Christmas party for a short time. Witnesses from the party testified that the child appeared happy and normal. Sometime after Appellant returned...

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