COM. v. KUTZEL

No. 218 WDA 2012

64 A.3d 1114 (2013)

2013 PA Super 69

COMMONWEALTH of Pennsylvania, Appellee, v. Eric KUTZEL, Appellant.

Superior Court of Pennsylvania.

Filed April 2, 2013.


Attorney(s) appearing for the Case

Suzanne M. Swan , Public Defender and Victoria H. Vidt , Public Defender, Pittsburgh, for appellant.

Michael W. Streily , Deputy District Attorney and Francesco L. Nepa , Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

BEFORE: MUSMANNO, J., WECHT, J., and COLVILLE, J.


OPINION BY WECHT, J.:

Eric Kutzel ("Appellant") appeals from his January 3, 2012 judgment of sentence. After careful review, we vacate that judgment.

Around 3 p.m., on May 1, 2010, while crossing the street via a pedestrian crosswalk at the intersection of Merrimac Street and Virginia Avenue in the City of Pittsburgh, M.K., a nine-year-old boy, was struck by Appellant's car. Notes of Testimony ("N.T."), 1/3/2012, at 6-8, 12, 14. While driving on Virginia Avenue...

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