Commonwealth v. Natividad (Concurring And Dissenting Opinion)

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[J-74-1999] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : RICARDO NATIVIDAD, : : Appellant : No. 220 Capital Appeal Docket Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Criminal Division, dated February 12, 1998, at No. 97-040013 ARGUED: October 18, 1999 CONCURRING AND DISSENTING OPINION MR. JUSTICE ZAPPALA DECIDED: June 25, 2001 I agree that Appellant s claims of error regarding the guilt phase of this capital case do not entitle him to relief. I disagree, however, with the affirmance of Appellant s sentence of death because victim impact evidence was unconstitutionally presented in the penalty phase of Appellant s trial. For the reasons set forth in my dissenting opinion in Commonwealth v. Means, 54 E.D. Appeal Docket 1997, I would reverse Appellant s sentence of death and remand to the common pleas court for a new penalty hearing. Mr. Chief Justice Flaherty joins this concurring and dissenting opinion.

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