The Pennsylvania Supreme Court has granted review to an Allegheny County case involving a 1993 beating.
The defendant, Stevenson Rose, was originally found guilty of aggravated assault for the July 13, 1993, beating of Mary Mitchell in Larimer Park. She remained in a persistent vegetative state and died from related injuries Sept. 17, 2007.
After her death, prosecutors charged Rose with homicide, and a jury found him guilty of third-degree murder. At the time Mitchell died, the maximum penalty for third-degree murder was 20 to 40 years, but at the time of the attack, it was 10 to 20 years.
Common Pleas Judge Kathleen Durkin sentenced Rose to the longer period, but the state Superior Court reversed her and said Rose should have been sentenced to the penalty in place at the time of the crime.
The Allegheny County District Attorney’s office appealed, and on Tuesday the state Supreme Court agreed to hear the case.