Commonwealth v. Smith

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, Cory Smith, appeals from the judgment of sentence entered on January 4, 2006. We affirm in part, vacate in part, and remand.

¶ 2 The factual and procedural history of the case is as follows. On December 18, 2002, Appellant brought his infant son, Korey Smith, to a Christmas party for a short time. Witnesses from the party testified that the child appeared happy and normal. Sometime after Appellant returned home from the party, with the child under his exclusive control, Appellant called 911 because the child was exhibiting unresponsive behavior. When…