COMMONWEALTH v. SMITH

No. 211 MDA 2016.

151 A.3d 1100 (2016)

2016 PA Super 264

COMMONWEALTH of Pennsylvania, Appellant v. Jonathan Nelson SMITH, Appellee.

Superior Court of Pennsylvania.

Filed November 29, 2016.

Reargument Denied February 2, 2017.


Attorney(s) appearing for the Case

Renee E. Franchi , Assistant District Attorney, York, for Commonwealth, appellant.

Lee Mandarino , Camp Hill, for appellee.

BEFORE: GANTMAN, P.J., BOWES AND PLATT, JJ.


The Commonwealth appeals from the January 4, 2016 judgment of sentence and challenges the trial court's refusal to impose the deadly weapons enhancement. We affirm.

The underlying facts of this dispute are as follows. During the evening of September 17, 2014, Jonathan Nelson Smith, Appellee, frequented a number of bars...

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