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COM. v. BORTZ

909 A.2d 1221 (2006)

COMMONWEALTH of Pennsylvania, Appellee v. Thomas Edward BORTZ, Appellant.

Supreme Court of Pennsylvania.

Decided November 22, 2006.

Attorney(s) appearing for the Case

Andrea E. Mertz, Glenn D. Welsh, Reading, for Thomas Edward Bortz.

Mark Carlyle Baldwin, Reading, Douglas Jerome Waltman, Seoul, Korea, for Com. of Pa.

CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, BALDWIN, JJ.

OPINION

Chief Justice CAPPY.

The issue before our Court is whether a prior indirect criminal contempt conviction for violation of a Protection from Abuse (PFA) order issued under 23 Pa.C.S. § 6108 is grounds for grading a subsequent first conviction for stalking as a felony of the third-degree under 18 Pa.C.S. § 2709.1. For the reasons stated herein, we conclude that this type of prior conviction does constitute grounds to impose a third...

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