Opinion
No. 35 EAL 2010
08-28-2013
COMMONWEALTH OF PENNSYLVANIA, Respondent v. NICHOLAS COIA, Petitioner
Petition for Allowance of Appeal from the
Unpublished Memorandum and Order
of the Superior Court at No. 2455 EDA
2005 filed December 22, 2009, affirming
the Judgment of Sentence of the
Philadelphia County Court of Common
Pleas at No. CP-51-CR-0613893-2003
filed May 6, 2005
ORDER
PER CURIAM
AND NOW, this 28th day of August, 2013, the Petition for Allowance of Appeal is GRANTED, LIMITED TO Petitioner's constitutional sentencing claim. Further, the Superior Court's decision affirming the imposition of a sentence of mandatory life imprisonment without the possibility of parole is VACATED, and the matter is REMANDED to the Superior Court to remand to the Philadelphia County Court of Common Pleas for a new sentencing hearing pursuant to Commonwealth v. Batts, _ A.3d _, 2013 WL 1200252 (Pa. filed March 26, 2013).
Jurisdiction relinquished.