Commonwealth v. Nelson

POPOVICH, Judge:

This is an appeal from the order of the Court of Common Pleas of Beaver County denying the appellant’s, Larry Ray Nelson’s, request for relief pursuant to the Post-Conviction Hearing Act (PCHA). 19 Pa.S.A. § 1180-1 et seq., as amended; reenacted at 42 Pa.C.S.A. §§ 9541-9551. We affirm the PCHA court in regard to the suppression and jury charge issues, but are constrained to reverse as to the merger and allocatur claims.

The appellant, following a trial by jury, was convicted of robbery, aggravated assault and simple assault in the shooting of gas station attendant Rosemarie…