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COMMONWEALTH v. GRAHAM

No. 62 WAP 2008.

9 A.3d 196 (2010)

COMMONWEALTH of Pennsylvania, Appellee v. Thomas W. GRAHAM, Appellant.

Supreme Court of Pennsylvania.

Decided December 21, 2010.

Attorney(s) appearing for the Case

Kenneth Richard Harris, Jr. , for Thomas W. Graham.

Timothy F. McCune , Butler, Richard Aaron Goldinger , District Attorney, for Commonwealth of Pennsylvania.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice SAYLOR.1

Resolution of this appeal centers on the appropriate understanding, for purposes of burglary gradation, of when a structure is adapted for overnight accommodation.

In June 2005, Appellant was convicted of burglary and related offenses, resulting from a criminal episode in which he and an accomplice unlawfully entered a house under construction and removed appliances and tools. After the...

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