Commonwealth v. Jones

KELLY, Judge:

In this case, we are called upon to determine whether an attempted murder conviction merges, for purposes of sentencing, with an aggravated assault conviction (via attempt, pursuant to 18 Pa.C.S.A. § 2702(a)(2)). We hold that these particular crimes do not merge. Therefore, we affirm judgment of sentence.

The facts and procedural history of this case may be summarized as follows. On August 22, 1990, appellant, with the aid of an accomplice, stole a BMW. Using the stolen BMW, the appellant and his accomplice drove to a Domino’s Pizza shop where they attempted a robbery. A locked…