Terroristic threats can merge with robbery

Commonwealth v Luciano Martinez, 2016 PA Super 309 (12/29/16)

The Superior Court affirmed Mr. Martinez’ convictions for robbery, persons not to possess a firearm, carrying a firearm without a license, theft by unlawful taking, theft by receiving stolen property, possession of an instrument of crime, carrying a firearm on public streets of Philadelphia, simple assault, recklessly endangering another person, and terroristic threats. He managed to prevail though on his claim that the crime of terroristic threats can with robbery. The robbery charge in his case required proof that the threatened serious bodily injury or intended to place the victim in fear of serious bodily injury, and terroristic threats is the communication of a threat to commit a crime of violence with the intent to cause terror. As in this case the charges arose from the same act, the merged for purposes of sentencing. His concurrent conviction for terroristic threats was therefore vacated. The same argument did not sway the Superior Court regarding his REAP and simple assault charges though.


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