Commonwealth v. Natividad , 565 Pa. 348 ( 2001 )

ZAPPALA, Justice,

concurring and dissenting.

I agree that Appellant’s claims of error regarding the guilt phase of this capital case do not entitle him to relief. I disagree, however, with the affirmance of Appellant’s sentence of death because victim impact evidence was unconstitutionally presented in the penalty phase of Appellant’s trial. For the reasons set forth in my dissenting opinion in Commonwealth v. Means, I would reverse Appellant’s sentence of death and remand to the common pleas court for a new penalty hearing.

Chief Justice FLAHERTY joins this concurring and dissenting opinion.