Commonwealth v. McCann

POPOVICH, Judge:

This is a direct appeal from a judgment of sentence of not less than five (5) years nor more than ten (10) years, imposed by the trial court after a jury found the appellant, Robert D. McCann, guilty of aggravated assault (18 Pa.C.S.A. § 2702).

On appeal, appellant contends that, inter alia, trial counsel was ineffective for failing to request the court to instruct the jury concerning the consequences of returning a verdict of not guilty by reason of insanity.1 We agree and, accordingly, vacate the judgment of sentence and remand for a new trial.

As this Court has stated in the…