Commonwealth v. Springer 2008 PA Super 275

Topic: Burglary Merger- Possession With Intent to Deliver

Summary: Under 18 Pa.C.S.A. Section 3502(d), burglary does not merge with the offense intended to be committed inside the structure if the offense is a first or second degree felony.

Illustration: Carl W. Springer was convicted of burglary. He was alleged to have entered the structure with the intent to sell drugs inside. The Superior Court concluded that the PWID charge was not a first or second degree felony and therefore did not merge with the burglary for sentencing purposes.

http://www.pacourts.us/OpPosting/Superior/out/s58020_08.pdf