Commonwealth v. Tegano

HESTER, Judge:

Appellant Anthony J. Tegano appeals from the judgment of sentence imposed following his conviction by a jury of aggravated assault and resisting arrest.1 Three issues are raised on appeal for our determination:

1) whether the arresting officer maintained such status as to entitle him to the right of lawful arrest;

2) whether there was sufficient evidence to support the conviction for aggravated assault; and

3) whether appellant’s use of force upon the arresting officer was justifiable under 18 Pa.C.S.A. § 506(a).

We do not reach the merits of these contentions for appellant has…