Commonwealth v. Birch

DEL SOLE, Judge.

Monty Birch appeals from the judgment of sentence entered following a jury conviction of Recklessly Endangering Another Person. 18 Pa.C.S.A. § 2705. Appellant was sentenced to two years probation, 200 hours of community service and a $2,000 fine was imposed. We reverse and remand.

Appellant was originally charged with one count of Aggravated Assault (18 Pa.C.S.A. § 2702(a)(4)) and one count of Recklessly Endangering Another Person, and his first trial by jury ended in a mistrial. At his second trial, he was convicted of Reckless Endangering Another Person and acquitted of…