No. 26 WAP 2013

91 A.3d 102 (2014)

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

Supreme Court of Pennsylvania.

April 29, 2014.

Attorney(s) appearing for the Case

Thomas M. Dickey , Altoona, for Ernest Simmons, Appellant.

Scott Michael Lilly , for Commonwealth of Pennsylvania, Appellee.

Prior report: Pa.Super., .



AND NOW, this 29th day of April, 2014, the Order of the Superior Court is hereby AFFIRMED.

Justice STEVENS files a Concurring Statement.

Justice STEVENS, concurring.

I join this Court's per curiam affirmance. Nevertheless, I wish to emphasize my view that the communication of threats made by a probationer to an intended victim is not a requirement to find the probationer engaged in "assaultive behavior" in violation of the general condition for special probation or parole set forth in 37 Pa.Code § 65.4(5)(iii).


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