Legal Opinion · Dissent

Commonwealth v. Greene

Superior Court of Pennsylvania

Decided July 20, 2011No. 538 MDA 2009Published

1Dissent

DISSENTING OPINION BY

FORD ELLIOTT, P.J.:

Because I would find that appellant’s Massachusetts convictions qualify as substantially similar crimes of violence to relevant Pennsylvania law, I would affirm appellant’s life sentence. Therefore, I respectfully dissent.

The issue before us is one of statutory construction that implicates the legality of the sentence imposed. As a result, our standard of review is de novo and the scope of our review is plenary. Commonwealth v. Samuel, 599 Pa. 166, 961 A.2d 57, 60-61 (2008); Commonwealth v. Collins, 564 Pa. 144, 764 A.2d 1056, 1057 n. 1 (2001).

Commonweal…

2Cases cited9 opinions

  1. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1972
  2. Commonwealth v. CollinsSupreme Court of Pennsylvania · 2001
  3. Commonwealth v. ShawSupreme Court of Pennsylvania · 2000
  4. Commonwealth v. SamuelSupreme Court of Pennsylvania · 2008
  5. Commonwealth v. NorthripSupreme Court of Pennsylvania · 2009

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