Comm. v. Gwynn (Per Curiam Order)

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[J-171-97] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Appellee v. DANIEL GWYNN, Appellant : : : : : : : : : : No. 129 Capital Appeal Docket Appeal from the judgments of sentence of the Court of Common Pleas of Philadelphia County, dated November 6, 1995 at Bill No. 705, December Term, 1994 ARGUED: October 21, 1997 ORDER PER CURIAM AND NOW, this 13th day of January, 1999, it is hereby ordered that the opinion announcing the judgment of the court in the above-captioned case, dated November 23, 1998, be amended to add the following as the penultimate paragraph of said opinion: Finally, in accordance with our duty to review sentences of death from the standpoint of their proportionality to sentences imposed in similar cases, 42 Pa.C.S. ยง 9711(h)(3)(iii), we have reviewed the sentence imposed upon appellant in light of sentencing data compiled and monitored by the Administrative Office of Pennsylvania Courts. See Commonwealth v. Frey, 504 Pa. 428, 433, 475 A.2d 700, 707-08 (1984), cert. denied, 469 U.S. 963, 105 S.Ct. 360, 83 L.Ed.2d 296 (1984). We perceive no excess or disproportionality in the sentence imposed.

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