COM. v. ROSE

Nos. 395 WDA 2007, 1966 WDA 2007

960 A.2d 149 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Thomas J. ROSE, Appellant. Commonwealth of Pennsylvania, Appellant v. Thomas J. Rose, Appellee.

Superior Court of Pennsylvania.

Filed October 20, 2008.


Attorney(s) appearing for the Case

Robert C. Brady, Washington, for Rose.

Anthony W. Forray, Assistant District Attorney and William R. Stoycos, Assistant District Attorney, Harrisburg, for Commonwealth.

BEFORE: LALLY-GREEN, KLEIN, and POPOVICH, JJ.


OPINION BY LALLY-GREEN, J.:

¶ 1 Appellant Thomas J. Rose appeals from the judgment of sentence entered on January 27, 2007. The Commonwealth has filed a cross-appeal. We conclude that Rose's appeal lacks merit and that the Commonwealth's cross-appeal is meritorious. Thus, we affirm in part and remand for further proceedings.

¶ 2 The factual and procedural history of the case is as follows. Between September 9, 2005 and September 16, 2005, Rose engaged...

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