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[J-171-97]

IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,  :  No. 129 Capital Appeal Docket  
:  
Appellee  :  Appeal from the judgments of  
:  sentence of the Court of  
v.  :  Common Pleas of Philadelphia  
:  County, dated November 6, 1995  
:  at Bill No. 705, December  
DANIEL GWYNN,  :  Term, 1994  
:  
Appellant  :  ARGUED:  October 21, 1997  

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

MR. CHIEF JUSTICE FLAHERTY DECIDED: November 23, 1998

Following a jury trial in the Court of Common Pleas of

Philadelphia County, appellant, Daniel Gwynn, Sr., was found guilty

of murder of the first degree, arson, and five counts of aggravated

assault. A sentencing hearing took place after which the jury

recommended that appellant be sentenced to death, finding that the

aggravating circumstances outweighed any mitigating circumstances.1

The court then imposed the death sentence and, in addition,

sentenced appellant to a term of thirty to sixty years imprisonment

1

The jury found two aggravating circumstances: the killing
occurred in the perpetration of a felony; and, appellant knowingly
created a risk of death to another person in addition to the
victim, 42 Pa.C.S.

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Pennsylvania Law