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Com. v. Kitchen

Supreme Court of Pennsylvania, Middle District
Dec 23, 2003
576 Pa. 229 (Pa. 2003)

Summary

holding offenses of creating and possessing child pornography did not merge for sentencing purposes, where defendant photographed his 16-year-old paramour in sexually explicit poses, over sixty different times, and retained photographs for subsequent viewing; offenses constituted separate acts

Summary of this case from Com. v. Williams

Opinion

[J-165-2003].

Argued: December 4, 2003.

Decided: December 23, 2003.

No. 198 MAP 2003, Appeal from the Order of the Superior Court entered on December 18, 2002 at No. 1296 MDA 2000, affirming the Order of the Court of Common Pleas of Bradford County, Criminal Division, entered on February 28, 2000 at No. 99 CR 608, 814 A.2d 209 (Pa.Super. 2002).

Helen A. Stolinas, for Travis Kitchen, appellant.

Steven G. Downs, towanda, for the Com. of PA.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.


ORDER


The Order of the Superior Court is affirmed.


Summaries of

Com. v. Kitchen

Supreme Court of Pennsylvania, Middle District
Dec 23, 2003
576 Pa. 229 (Pa. 2003)

holding offenses of creating and possessing child pornography did not merge for sentencing purposes, where defendant photographed his 16-year-old paramour in sexually explicit poses, over sixty different times, and retained photographs for subsequent viewing; offenses constituted separate acts

Summary of this case from Com. v. Williams

stating that the legality of a sentence is never waived and may be the subject of an inquiry by an appellate court suasponte

Summary of this case from Com. v. Matthews
Case details for

Com. v. Kitchen

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA, Appellee v. TRAVIS L. KITCHEN, Appellant

Court:Supreme Court of Pennsylvania, Middle District

Date published: Dec 23, 2003

Citations

576 Pa. 229 (Pa. 2003)
839 A.2d 184

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