COM. v. WATERS

No. 1418 EDA 2008

988 A.2d 681 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Donn Steven WATERS, Appellant.

Superior Court of Pennsylvania.

Filed December 29, 2009.

Reargument Denied February 24, 2010.


Attorney(s) appearing for the Case

Karl Baker, Public Defender, Philadelphia, for appellant.

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: GANTMAN, DONOHUE and CLELAND, JJ.


OPINION BY DONOHUE, J.:

¶ 1 Donn Steven Waters ("Waters") appeals from the judgment of sentence entered on April 14, 2008 following his conviction of three counts of burglary, 18 Pa. C.S.A. § 3502(a), and related crimes. On appeal, Waters challenges the trial court's classification of the burglaries as first-degree offenses under subsection (c) of the aforementioned statute. We reverse and remand for resentencing.

¶ 2 The relevant facts and...

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