Commonwealth v. Smith, Lawrence (Majority Opinion)

State: Pennsylvania

Docket No: 390 CAPITAL APPEAL

Case Date: 11/18/2004

Plaintiff: Commonwealth

Defendant: Smith, Lawrence (Majority Opinion)

Preview:[J-163-2003] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : LAWRENCE SMITH, : : Appellant : : : : :

No. 390 CAP Appeal from the March 4, 2002 Judgments of Sentence of the Court of Common Pleas of Philadelphia County, Trial Divisions, Criminal Section, at Information Numbers 0100 and 0101, October Term, 2000

SUBMITTED: December 3, 2003

OPINION

MR. CHIEF JUSTICE CAPPY

DECIDED: November 17, 2004

This is a direct appeal from the judgments of two sentences of death imposed on Lawrence Smith ("Appellant").1 For the reasons expressed in this opinion, we affirm the first degree murder convictions but reverse his sentences of death and remand for a new penalty hearing. On February 2, 2000, Appellant and an accomplice robbed Songha Willis ("Willis") and several other people in a parking lot adjacent to a night club in Philadelphia. During the course of the robbery, Appellant shot and killed Willis.

1

Sentences of death are subject to automatic review by this court. 9711(h)(1).

42 Pa.C.S.

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