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COM. v. BROUGHER

No. 954 MDA 2008.

978 A.2d 373 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Eli Garrett BROUGHER, Appellant.

Superior Court of Pennsylvania.

Filed July 13, 2009.

Attorney(s) appearing for the Case

Barbara L. Wevodau, New Bloomfield, for appellant.

Daniel W. Stern, Asst. Dist. Atty., New Bloomfield, for the Com., appellee.

BEFORE: PANELLA, SHOGAN and KELLY, JJ.

OPINION BY KELLY, J.:

¶ 1 Appellant, Eli Garrett Brougher, appeals from the judgment of sentence entered in the Perry County Court of Common Pleas. The issue presented on appeal is whether an unloaded toy pistol, designed to shoot small plastic pellets, constitutes a deadly weapon for purposes of the deadly weapons enhancement. We affirm.

¶ 2 On September 20, 2007, Appellant, then seventeen years of age...

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