Legal Opinion · Concurring in part, dissenting in part

Commonwealth v. Ede

Superior Court of Pennsylvania

Decided April 28, 2008No. 2543 EDA 2006Published

1Concurring in part, dissenting in part

CONCURRING AND DISSENTING OPINION BY

ALLEN, J.:

¶ 1 I agree with the Majority that the crime of fleeing or attempting to elude law *935enforcement (“fleeing or eluding”) does not merge with the crime of recklessly endangering another person. I also agree with the Majority that Appellant has failed to provide this Court with sufficient information to grant him relief on his claim that he is entitled to credit for time served. I, however, disagree with the Majority’s decision to vacate Appellant’s sentence for fleeing or eluding on the ground that it is illegal under 75 Pa.C.S.A. § 6503. In my view,…

2Cases cited15 opinions

  1. Baldwin v. New YorkSupreme Court of the United States · 1970
  2. Commonwealth v. MoonSupreme Court of Pennsylvania · 1955
  3. Commonwealth v. MayberrySupreme Court of Pennsylvania · 1974
  4. Commonwealth v. McDermottSupreme Court of Pennsylvania · 1909
  5. Commonwealth v. CozzoneSuperior Court of Pennsylvania · 1991

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