Commonwealth v. Mercado

KELLY, Judge:

Appellant, Carlos Mercado, appeals the judgment of sentence imposed after he was convicted of third degree murder 1 two counts of aggravated assault 2 , possession of an instrument of crime 3 , and firearms not to be carried without a license 4 . We vacate both convictions for aggravated assault and affirm the judgment of sentence 5 .

The trial court summarizes the facts as follows:

[On April 2, 1992] [t]he victim, a Hispanic male, Victor Martinez-Soto, was shot once in the upper left portion of his chest at around 10:00 a.m. [at the Willow Hotel in Reading, Pennsylvania.] The…