Commonwealth v. McDuffie

ORDER

PER CURIAM.

The Judgments of Sentence are affirmed under Criminal Information Nos. 6887-A-78 (murder of the second degree— E. Lang) and 6887-D(2)-78 (attempted robbery — 0. Lang). The Judgment of Sentence imposed under Criminal Information No. 6887-D(l)-78 (attempted robbery — E. Lang) is vacated. Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981). Judgment of Sentence imposed under Criminal Information No. 6887-J-78 (crimes committed with a firearm) is vacated. Commonwealth v. Turner, 265 Pa.Super. 486, 402 A.2d 542 (1979), citing Commonwealth ex rel. Curry v. Myers, 195 Pa.Super. 480, 171 A.2d 792 (1961). The sentence imposed under Criminal Information No. 6887-K-78 (conspiracy) is vacated. 18 Pa.C.S.A. § 906.^*

LARSEN and McDERMOTT, JJ., filed dissenting opinions.

* Subsequent to the original sentences imposed in this case, pursuant to a Writ of Habeas Corpus filed with the court below February 19, 1980, an order was entered by that court vacating the judgment entered under Criminal Information No. 6887-E (robbery — two counts) finding that the said information merged with Criminal Information No. 6887-D and suspending the sentence originally entered under Criminal Information No. 6887-1 (prohibited offensive weapons).