Allen v. Commonwealth

JOHNSTONE, Justice.

Appellant, Carl Allen, was convicted of wanton murder, tampering with physical evidence, and second-degree persistent felony offender. He was sentenced to life imprisonment on the murder charge and five years on the tampering charge, which was enhanced to ten years pursuant to the PFO II charge. He appeals to this Court as a matter of right. We affirm the tampering and second-degree persistent felony offender convictions and sentence. However, because of an error in the instructions, we reverse the wanton murder conviction and remand for a new trial.

On December 29, 1997,…