Supreme Court of Pennsylvania

Commonwealth of Pennsylvania, Appellee v. Blaine Baldwin, Appellant

December 28, 2009604 Pa. 34

Summary

The Supreme Court of Pennsylvania affirmed the Superior Court’s judgment, holding that under 42 Pa.C.S. § 9765 the two firearm offenses did not merge because each contains a statutory element the other lacks, making the consecutive sentences proper. The Court applied a plain‑text, elements‑based reading of the statute and rejected the appellant’s double‑jeopardy argument. Two concurring opinions noted concerns about the statute’s breadth and the reasonableness review of sentencing.