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Commonwealth v. Boczkowski3/23/2004
constrained to hold that this sentence of death, which depended upon that circumstance, was the improper product of an arbitrary factor. Consistently with the legislative mandate, we hold that the aggravating circumstance specified below should have been quashed and, because this was the only aggravating circumstance specified by the Commonwealth, we must vacate the sentence of death and remand for imposition of a sentence of life imprisonment. 42 Pa.C.S. § 9711(h)(4).
Having found appellant's claims of pre-trial and guilt phase error to be meritless, we affirm appellant's conviction for first degree murder. Appellant's claim of penalty phase error, however, compels us to vacate the sentence of death and remand to the trial court for imposition of a sentence of life imprisonment. Jurisdiction is relinquished.
Former Chief Justice Zappala did not participate in the decision of this case.
Mr. Justice Saylor files a concurring opinion in which Mr. Justice Nigro joins.
Mr. Justice Eakin files a concurring and dissenting opinion.
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