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Commonwealth v. Klein

Sentence for conviction of simple assault and accidents involving death or personal injury affirmed because there was sufficient evidence to support conviction; sentence for conviction for reckless endangerment vacated because court erred in merging that sentence with one for simple assault.

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OPINION

�1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of York County following Appellant’s conviction on the charges of reckless endangerment, simple assault, and accidents involving death or personal injury. On July 18, 2000, this Court quashed the appeal, concluding that the sentencing court implicitly vacated its June 23, 1999 order and that Appellant had not properly filed an appeal from the June 25, 1999 order. On August 17, 2000, Appellant filed a petition for allowance of appeal, which was granted by the Pennsylvania Supreme Court. On October 4, 2001, the Supreme Court reversed this Court and remanded for disposition of this appeal on its merits. Specifically, the Supreme Court concluded that the sentencing court’s June 25, 1999 order was merely a correction of a defect in the June 23, 1999 order, and, therefore, the sentencing court had jurisdiction to modify Appellant’s sentence.

�2 On appeal, Appellant challenges the sufficiency of the evidence and the propriety of his sentence. We affirm Appellant’s judgment of sentence regarding his convictions for simple assault and accidents involving death or personal injury; however, we vacate Appellant’s judgment of sentence regarding his conviction for reckless endangerment.

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