Commonwealth v. Pelzer

ORDER

The court being unanimous as to the conviction and equally divided as to the sentence, the conviction and sentence of the court of common pleas are affirmed.

PAPADAKOS, J., did not participate in the consideration or decision of this case. FLAHERTY, J., files an opinion in support of affirmance joined by LARSEN and McDERMOTT, JJ. NIX, C.J., files an opinion in support of vacating sentence of death. ZAPPALA, J., files an opinion in support of vacating sentence of death joined by CAPPY, J.

OPINION IN SUPPORT OF AFFIRMANCE

FLAHERTY, Justice.

Appellant, Kevin Pelzer, was sentenced to death…