Commonwealth v. Hodges

OPINION BY STABILE, J.:

Appellant, Ellis Hodges, appeals from the judgment of sentence imposed in the Court of Common Pleas of Delaware County following his conviction of simple assault, 18 Pa.C.S.A § 2701. 1 While simple *430 assault is generally a second-degree misdemeanor (M2), it is a third-degree misdemeanor (M3) if the scuffle is entered into by mutual consent. 18 Pa.C.S.A. § 2701(b)(1). Appellant contends the trial court imposed an illegal sentence because there was no factual finding by the jury that Appellant's scuffle with complainant, Nicquita Tippens-Buggs, was not entered into by…