Commonwealth v. Simmons

OPINION BY

PLATT, J.:

Appellant, Ernest Simmons, appeals from the judgment of sentence imposed following the revocation of his probation. Specifically, he challenges the trial court’s determination that his expression of threats to kill Derek Henderson and feed him to the pigs constituted assaultive behavior because they were not communicated to the intended victim. We affirm.

Appellant was on probation after having been previously convicted of firsfidegree murder, and then, after a federal habeas corpus reversal, pleading nolo contendere to third-degree murder of an eighty-year-old woman. (See…