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583 Pa. 358

877 A.2d 433

Commonwealth v. Robinson

Supreme Court of Pennsylvania

Decided June 22, 2005

Supreme Court of Pennsylvania · decided 2005-06-22

Cited by 36 later decisions — most recently December 2018 · most notably Commonwealth v. Wright (2008), Commonwealth v. Spotz (2011)

2 federal appellate · 34 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2005-06-22

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*387Justice BAER,

¶1concurring in part and dissenting in part.

¶2I join the Majority opinion as to its resolution of the guilt phase issues.

¶3I, however, join Mr. Justice Saylor’s dissenting opinion only as to his conclusion that, in the penalty phase of a capital case, the finding of the “in perpetration of a felony” aggravating circumstance, 42 Pa.C.S. § 9711(d)(6), should be limited to the six felonies enumerated in Section 2502(d) of the Crimes Code, 18 Pa.C.S. § 2502(d). Here, Appellant was never convicted of any of the felonies enumerated in Section 2502(d); therefore, I agree with Mr. Justice Saylor that Appellant’s (d)(6) aggravator should be stricken and that Appellant should receive a new penalty phase hearing consistent with this determination.

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