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509 Pa. 625

Commonwealth v. Lesko

Supreme Court of Pennsylvania

Decided April 2, 1986

Supreme Court of Pennsylvania · decided 1986-04-02

Relies on Commonwealth v. Travaglia

Good law ✅— No negative treatment on recordhow we know

Decided 1986-04-02

How this case has been cited

Cited by 4 later decisions — most recently December 2001

1 federal appellate · 3 state decisions

20198619902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ORDER

PER CURIAM.

¶2The Application for Reargument is denied.

¶3The matters raised by appellant as pending before the United States Supreme Court have already been fully considered by this Court, either during appellant’s direct appeal or his post conviction proceeding.

¶4With respect to counsel’s contention that this Court considered matters outside the record in determining the “appropriateness or proportionality” of the death sentence, we *626first remind counsel that the transcript of the trial is not the whole record. Our present recitation of the facts, which does not differ from the statement by this Court on direct appeal, was drawn from the record and presented to provide a complete picture of the events which occurred. See Commonwealth v. Travaglia, 502 Pa. 474, 467 A.2d 288 (1983).

¶5Moreover, the facts taken from the suppression record were not and could not be considered by us in dealing with the proportionality issue. In considering the proportionality of appellant’s sentence, this Court looked only at the mitigating and aggravating circumstances which were considered by the jury in reaching its decision. These factors, all of which were part of the trial transcript, were sufficient for us to determine that appellant’s sentence was not disproportionate to the penalty imposed in similar cases. See Commonwealth v. Travaglia, 502 Pa. at 504-05, 467 Pa. at 303-04.

FLAHERTY, J., did not participate in the consideration or decision of this case.
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