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COM. v. MONTALVO

No. 417 CAP.

956 A.2d 926 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Noel Matos MONTALVO, Appellant.

Supreme Court of Pennsylvania.

Decided September 24, 2008.

Attorney(s) appearing for the Case

Gerald Anthony Lord, Esq., Miller, Poole & Lord, L.L.P., Philadelphia, for Noel Matos Montalvo.

Christopher D. Carusone, Esq., Amy Zapp, Esq., PA Office of Attorney General, Hugh S. Rebert, Esq., York County District Attorney's Office, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice BAER.

This is a direct appeal from the imposition of a sentence of death by the Court of Common Pleas of York County. Following a trial by jury in 2003, Noel Matos Montalvo (Appellant) was found guilty of one count of first-degree murder and one count of second-degree murder arising out of the killing of two victims, Miriam Ascencio (Miriam) and Nelson Lugo (Nelson), on April 19, 1998. Appellant also appeals from lesser sentences imposed...

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