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Commonwealth v. Young

Trial court committed reversible error in allowing the jury to have, during deliberations, a copy of defendant's written confession, and defense counsel was ineffective for failing to object to the Rule 1114 violation.

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J. S61027/00

� 1 Appellant Jackie Young appeals from the judgment of sentence entered on May 6, 1999. Appellant was convicted after a jury trial of aggravated assault, 18 Pa.C.S.A. � 2702(a)(1); firearms not to be carried without a license, a violation of the Uniform Firearms Act, 18 Pa.C.S.A. � 6106; and recklessly endangering another person, 18 Pa.C.S.A. � 2705. The charges upon which Appellant was convicted stemmed from the shooting of Mr. Tracey Bronaugh at 10:50 p.m. on March 24, 1997, in Coraopolis. Mr. Bronaugh was treated at a local hospital for a shattered bone in his leg. After he was arrested and held in a holding cell, Appellant confessed to the shooting in a written statement. He asserted at trial, however, that the confession was involuntarily made.

� 2 Following the convictions, Appellant was sentenced to serve five to ten years’ incarceration, the mandatory minimum sentence for the aggravated assault conviction. No further sentence was imposed for the remaining convictions. Appellant, pro se, filed a petition under the Post-Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. �� 9541-9546. After counsel was appointed to represent Appellant, an amended PCRA petition was filed.

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