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COM. v. KARABIN

521 Pa. 543 (1989)

559 A.2d 19

COMMONWEALTH of Pennsylvania, Appellant, v. Nicholas KARABIN, Appellee.

Supreme Court of Pennsylvania.

Decided March 6, 1989.

Reargument Denied June 19, 1989.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Dist. Atty., Francis Sempa, Asst. Dist. Atty., for appellant.

Todd J. O'Malley, George V. Lynett, Scranton, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.

OPINION

ZAPPALA, Justice.

The issue presented by this case is whether a death sentence which has been vacated because of insufficient evidence to support the aggravating circumstance of 42 Pa.C.S. § 9711(d)(9) should be reinstated when a defendant is again convicted of a crime for which his original conviction was overturned. We hold that a conviction used as an aggravating circumstance under § 9711(d)(9) which is valid at the time of the sentencing...

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