Commonwealth v. Berrien

LEWIS, J.,

This opinion is written pursuant to Rule 1925 of the Pennsylvania Rules of Appellate Procedure to address certain arguments with respect to trial issues as well as sentencing under the “Three Strikes” law (42 Pa.C.S. §9714). These issues were not previously discussed in this court’s memorandum opinion dated October 1, 1996 disposing of pretrial motions.

On March 29, 1996 at approximately 5:30 a.m., a homeowner on Redstone Drive in West Hanover Township, Dauphin County, reported a burglary to the Pennsylvania State Police. Following a confrontation and scuffle which occurred between a…