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COM. v. SIMS

919 A.2d 931 (2007)

COMMONWEALTH of Pennsylvania, Appellant, v. Chester SIMS, Appellee.

Supreme Court of Pennsylvania.

Decided April 18, 2007.

Attorney(s) appearing for the Case

Peter Carr, Esq., Arnold H. Gordon, Esq., Lynne M. Abraham, Esq., Ronald Eisenberg, Esq., Hugh J. Burns, Esq., Philadelphia, for Commonwealth of Pennsylvania.

Karl Baker, Esq., L. Roy Zipris, Philadelphia, for Chester Sims.

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

OPINION

Justice CASTILLE.

This case presents the question of whether a defendant may be convicted of an attempt crime where he had only been charged with the substantive offense. Because we conclude that an attempt crime is necessarily a lesser-included offense of the substantive offense, we hold that a defendant may be convicted of an attempt crime even if the Commonwealth charged him with the substantive offense but not attempt. Accordingly, we...

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