Commonwealth v. Johnson

OPINION

Justice EAKIN.

This is a direct appeal nunc pro tunc 1 from a death sentence imposed after a jury convicted appellant of first degree mur der. 2 At the penalty phase, the jury found two aggravating circumstances and one mitigating circumstance; the jury found the aggravating circumstances outweighed the mitigating circumstance and sentenced appellant to death. For the following reasons, we affirm.

Victim was a two-year-old female child living with her mother and her mother’s boyfriend, the appellant. On April 6, 2008, police were called to their residence, where they found appellant…