Commonwealth v. Christine, J., Aplt.

OPINION

Justice EAKIN.

An equally divided en banc panel of the Superior Court1 resulted in affirmance of appellant’s judgment of sentence for aggravated assault, 18 Pa.C.S. § 2702(a)(1), and recklessly *393endangering another person (REAP), id., § 2705.2 The trial court summarized the facts:

The convictions resulted from an incident that occurred in Northampton County Prison (NCP) on June 8, 2009. On that date, [appellant] and the victim, Thomas Mis[s]ero, were inmates in NCP when a confrontation between the two men occurred in [appellants cell in Unit B-2. The cell housed 8 inmates in four rows of…