Commonwealth v. DeCosta

OPINION BY BENDER, P.J.E.:

Appellant, Dondi DeCosta, appeals from the judgment of sentence of an aggregate term of 4-10 years' incarceration, imposed following his conviction for possession of an instrument of crime and terroristic threats. Appellant claims the trial court abused its discretion by permitting the jury to convict Appellant in absentia while Appellant was hospitalized and intubated, which occurred during the course of the jury's deliberations. After careful review, we vacate Appellant's judgment of sentence and remand for a new trial.

A detailed recitation of the facts underlying…