Commonwealth v. Caldwell

I join that portion of the majority opinion which affirms Appellant’s convictions of murder of the first degree, but must dissent from the vacation of the sentences of death and the imposition of life sentences in this case.

First, I dissent from the majority’s conclusion that our Death Penalty Statute does not permit this Court to affirm a sentence of death when we find that one aggravating circumstance is unsupportable by the record where there are mitigating circumstances found by the jury. See my dissenting opinion in Commonwealth v. Aulisio, 514 Pa. 84, 522 A.2d 1075 (1987).

Secondly, I…