Opinion
No. 529 MAL 2008.
March 26, 2009.
Petition No. 529 MAL 2008 for Allowance of Appeal from the Opinion and Order of the Superior Court at 2543 EDA 2006, dated April 28, 2008, affirming in part and vacating in part the Judgment of Sentence of the Court of Common Pleas of Lehigh County at CP-39-CR-0001507-2006, dated August 7, 2006.
Petition No. 529 MAL 2008 for Allowance of Appeal from the Opinion and Order of the Superior Court at 949 A.2d 926 (Pa.Super. 2008) (Bender, Allen and Fitzgerald, JJ.) affirming in part and vacating in part the Judgment of Sentence of the Court of Common Pleas of Lehigh County (Steinberg, J.).
ORDER
AND NOW, this 26th day of March, 2009, the Petition for Allowance of Appeal is GRANTED, the Superior Court opinion is VACATED, and the case is REMANDED to reinstate the sentence of the trial court. See Commonwealth v. Shiffler, 583 Pa. 478, 879 A.2d 185, 196 (2005); Commonwealth v. Dickerson, 533 Pa. 294, 621 A.2d 990, 994 (1993).
Jurisdiction relinquished.
Justice SAYLOR files a Dissenting Statement.
I respectfully dissent, as I believe that the circumstances presented are sufficiently distinct from those in Commonwealth v. Shiffler, 583 Pa. 478, 879 A.2d 185 (2005), and Commonwealth v. Dickerson, 533 Pa. 294, 621 A.2d 990 (1993), to suggest against summary treatment at the allocatur stage of the proceedings. Instead, I would allow the appeal only and resolve the matter upon full briefing.