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COM. v. BUTERBAUGH

No. 2029 MDA 2011.

91 A.3d 1247 (2014)

2014 PA Super 102

COMMONWEALTH of Pennsylvania, Appellee v. Gerald Travis BUTERBAUGH, Appellant.

Superior Court of Pennsylvania.

Filed May 13, 2014.

Attorney(s) appearing for the Case

David J. Foster , Lemoyne, for appellant.

Zachary I. Mills , Assistant District Attorney, Chambersburg, for Commonwealth, appellee.

BEFORE: BENDER, P.J., GANTMAN, J., PANELLA, J., DONOHUE, J., SHOGAN, J., LAZARUS, J., MUNDY, J., OTT, J., and WECHT, J.

OPINION BY PANELLA, J.

Appellant, Gerald Travis Buterbaugh, appeals from the judgment of sentence arising from a conviction of third-degree murder.1 We granted en banc review to determine, among other things, whether an automobile constitutes a deadly weapon for purposes of the deadly weapon sentence enhancement. See 204 PA. Code §§ 303.10(a), 303.17b. Because we conclude that it does, and that Appellant's remaining...

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