COM. v. SIMMONS

No. 762 WDA 2011

56 A.3d 1280 (2012)

2012 PA Super 262

COMMONWEALTH of Pennsylvania, Appellee, v. Ernest SIMMONS, Appellant.

Superior Court of Pennsylvania.

Filed November 30, 2012.


Attorney(s) appearing for the Case

Thomas M. Dickey , Altoona, for appellant.

Scott M. Killy , Assistant District Attorney, Ebensburg, for Commonwealth, appellee.

BEFORE: OLSON, J., WECHT, J., and PLATT, J.


OPINION BY PLATT, J.:

Appellant, Ernest Simmons, appeals from the judgment of sentence imposed following the revocation of his probation. Specifically, he challenges the trial court's determination that his expression of threats to kill Derek Henderson and feed him to the pigs constituted assaultive behavior because they were not communicated to the intended victim. We affirm.

Appellant was on probation after having been previously convicted of first-degree...

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