Commonwealth v. Thomas

WIEAND, Judge:

I join Part I of the majority’s opinion and concur in vacating the separate sentence imposed for robbery. I concur in Part II solely because I am compelled to do so by the decision of the Supreme Court in Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981). I am of the opinion, however, that Tarver should be reconsidered. In my best judgment, the crimes of robbery and murder committed by appellant in this case were distinct and discrete offenses; the former was not a necessary ingredient of the latter; and principles of double jeopardy do not prevent separate sentences for…