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BriefLaw: Commonwealth v. Chon

Commonwealth v. Sun Cha Chon  2009 PA Super 212 (11/05/2009) Topic: Prostitution – Dismissal Due to Outrageous Government Conduct – Sex as an Investigative Weapon Summary: When the government intentionally uses sex as an investigative weapon or...

BriefLaw: Commonwealth v Garcia-Rivera

Commonwealth v. Melvin Garcia-Rivera 2009 PA Super 213 (11/05/2009) Topic: Sentencing – Deviation from the Sentencing Guidelines – Consecutive Sentences for Multiple Deaths Arising From a Single Event Summary: 1.) When issuing a sentence in the mitigated...

BriefLaw: Commonwealth v. Steven Smith

Commonwealth v. Steven T. Smith 2009 PA Super 209 (10/30/2009) Topic: Drug Offenses – Mandatory Sentences – Sentencing Entrapment and Sentencing Manipulation Summary: If the Commonwealth prolongs an investigation in order to increase a defendant’s...

BriefLaw: Commonwealth v. Gregory Ricky Brown

Commonwealth v. Gregory Ricky Brown J-49-2009 (10/20/2009) Topic: Restitution – Payment to a Government Summary: Under 18 Pa.C.S.A. § 1106 Medicare may be a recipient of restitution. Facts: Gregory Brown was convicted of Simple Assault (18 Pa.C.S.A. §...

BriefLaw: Commonwealth v. Rivera

Commonwealth v. Juan M. Rivera 2009 PA Super 207 (10/26/2009) Topic: Burglary – What Constitutes an Occupied Structure Summary: A basement that is under the same roof as rooms that are occupied and that is, in itself, suitable for occupation constitutes an...

BriefLaw: Commonwealth v. Brown

Commonwealth v. Zebula Melvin Brown  2009 PA Super 199 (10/14/2009) Topic: Appeal of the Discretionary Aspects of Sentencing- Plea Bargain Summary: A defendant may not challenge the discretionary aspects of a sentence that has been negotiated as part of a plea...