Commonwealth v. Eli Brougher 2009 PA Super 131 (7/13/2009)

Topic: Mandatory Sentence – Deadly Weapon Enhancement

Summary: An unloaded toy pistol that looks like a real firearm and shoots pellets may be considered a deadly weapon for sentencing purposes. Therefore, a defendant may be subject to a deadly weapon enhancement if he uses a realistic toy weapon. *Note*: The Superior Court found Brougher’s issue waived so this conclusion may be dicta.