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Commonwealth v. Kitchen

Citations

  • 814 A.2d 209
  • 2002 Pa. Super. 394
  • 2002 Pa. Super. LEXIS 3816

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the failure to include a discretionary aspect of sentencing claim in a Rule 1925(b) resulted in waiver
  • noting that a claim that the court should have merged charges for sentencing is a challenge to the legality of sentence
  • rejecting overbreadth challenge to child pornography criminal statute where the appellant “fail[ed]to set forth a constitutionally protected activity, which is being criminalized”
  • finding an appellant’s convictions for sexual abuse of children for photographing sexual acts and for possession of child pornography did not merge because the act of taking the photographs was separate from the possession of them
  • finding an appellant’s convictions for sexual abuse of children for photographing sexual acts and for possession of child pornography did not merge because the act of taking the photographs was separate from the possession of them
  • “Unlike discretionary aspects of sentence, the legality of sentence is never waived and may be the subject of inquiry by an appellate court sua sponte.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sole, Melvin, Brosky

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

19 cases in this archive are cited by this case.

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