Opinion
No. 306 EAL 2014
09-24-2014
COMMONWEALTH OF PENNSYLVANIA, Respondent v. MAURICE SMITH, Petitioner
Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 2876 EDA 2009 filed November 12, 2010, affirming the Judgment of Sentence of the Philadelphia County Court of Common Pleas at Nos. CP-51-CR-0011502-2007 and MC-51-CR-0008260-2007 filed September 17, 2009 ORDER
PER CURIAM
AND NOW, this 24th day of September 2014, the Petition for Allowance of Appeal is GRANTED and the judgments of sentence for robbery and conspiracy are VACATED. See Commonwealth v. Tarver, 426 A.2d 569 (Pa. 1981) (holding that sentences for second-degree murder and robbery merge where the factual basis for the conviction for second-degree murder is the same as that of the robbery.) Accord Commonwealth v. Boone, 2009 Pa. LEXIS 925 (Pa. 2009). Case REMANDED to the Court of Common Pleas for resentencing for the conspiracy offense. The Petition for Allowance of Appeal is DENIED in all other respects.