Commonwealth v. Perkins, I. (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Respondent : : : v. : : : IVORY PERKINS, : : Petitioner : No. 267 EAL 2004 Petition for Allowance of Appeal from the Order of the Superior Court at 265 EDA 2003, dated June 14, 2004 affirming the order of the Court of Common Pleas of Philadelphia County at 0204-0256 1/1, dated October 9, 2002 ORDER PER CURIAM AND NOW, this 14th day of March, 2007, the Petition for Allowance of Appeal is hereby GRANTED, limited only to issue (e): Whether Petitioner is entitled to have his separate and consecutive sentence for criminal trespass vacated since it merged with petitioner s sentence for burglary. The Order of the Superior Court is Vacated as to issue (e) only per Commonwealth v. Jones, __A.2d__, 2006 WL 3813761 (Pa. 2006), with instructions to Remand to the trial court for further consideration consistent with Jones.

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