Commonwealth v. Anderson

The majority holds that where a defendant has been convicted of attempted murder and aggravated assault based upon a single act of shooting his victim, separate sentences may be imposed for each crime because aggravated assault is not a lesser included offense of attempted murder. Because I am convinced that aggravated assault is, in fact, a lesser included offense of attempted murder, I would hold that such crimes must merge for purposes of sentencing when they are based upon a single criminal act. Accordingly, I respectfully dissent.

*227The test for merger of offenses which is currently…