Opinion · Supreme Court of Pennsylvania

Commonwealth v. Hart

Commonwealth v. Hart, 990 A.2d 724 (Pa. 2010)

Type
Opinion
Court
Supreme Court of Pennsylvania
Jurisdiction
Pennsylvania
Date
2010-03-12
Topic
general

ORDER PER CURIAM. AND NOW, this 12th day of March 2010, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is: Whether a person who offers a child a ride without previously obtaining the permission of a parent of the child, but who otherwise lacks criminal intent to harm the child, may be convicted of luring a child into a motor vehicle under 18 Pa.C.S.A. § 2910? IT IS FURTHER ORDERED that this matter is REMANDED to the Court of Common Pleas of Delaware County solely for the trial court to appoint counsel for Petitioner to represent him in this appeal if he desires such representation. In their briefs, the parties are to specifically address the applicability of the Superior Court decisions in Commonwealth v.

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Cited by
5 opinions
COM. v. HART,605 Pa. 406(2010)
990 A.2d 724
COMMONWEALTH of Pennsylvania, Respondent v. Walter J. HART, Petitioner.
No. 195 MAL 2009.
Supreme Court of Pennsylvania, Middle District.
March 12, 2010.
Petition for Allowance of Appeal, No. 195 MAL 2009, from the Memorandum Opinion and Order of the Superior Court (Bender, Panella, and Kelly) dated February 5, 2009 affirming the judgment of sentence of the Court of Common Pleas of Delaware County (Osborne) dated January 3, 2008.

Prior report: Pa.Super.,970 A.2d 468.Page 407
ORDER
PER CURIAM.
AND NOW, this 12th day of March 2010, the Petition for Allowance of Appeal isGRANTED.The issue, rephrased for clarity, is:
Whether a person who offers a child a ride without previously obtaining the permission of a parent of the child, but who otherwise lacks criminal intent to harm the child, may be convicted of luring a child into a motor vehicle under18 Pa.C.S.A. § 2910?
IT IS FURTHER ORDEREDthat this matter isREMANDEDto the Court of Common Pleas of Delaware County solely for the trial court to appoint counsel for Petitioner to represent him in this appeal if he desires such representation. In their briefs, the parties are to specifically address the applicability of the Superior Court decisions inCommonwealth v.Adamo,431 Pa.Super. 529,637 A.2d 302(1994) andCommonwealth v.Figueroa,436 Pa.Super. 569,648 A.2d 555(1994). Jurisdiction is retained.

Justice ORIE MELVIN did not participate in the consideration or decision of this matter.