Commonwealth v. Edwards

The Pennsylvania Supreme Court considered whether recklessly endangering another person (REAP) merges with aggravated assault under the merger statute. The defendant drove erratically, striking a car occupied by three people, a plethora of parked cars, and eventually a toddler on his bicycle. Among other charges, he was convicted of REAP and aggravated assault. He received consecutive terms of incarceration. The Court held that the merger statute does not require an evaluation of the specific facts as applied to the elements. “Instead, the Legislature’s guidance dictates that our analysis begins and ends with the statutory elements of each offense.” Since the relevant elements of aggravated assault and REAP require different elements of proof, the convictions do not merge for sentencing purposes.

EDWARDS-1-Majority-Opinion

EDWARDS-2-Dissenting-Opinion