Commonwealth v. Lacosta-Franco

Full title: COMMONWEALTH OF PENNSYLVANIA v. XAVIER LACOSTA-FRANCO, Appellant

Court: SUPERIOR COURT OF PENNSYLVANIA

Date published: Jun 4, 2018

No. 1195 MDA 2017 (Pa. Super. Ct. Jun. 4, 2018)

Opinion

J-S24016-18 No. 1195 MDA 2017

06-04-2018

COMMONWEALTH OF PENNSYLVANIA v. XAVIER LACOSTA-FRANCO, Appellant

JUDGMENT ORDER BY KUNSELMAN, J.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence, March 2, 2017, in the Court of Common Pleas of Berks County, Criminal Division at No(s): CP-06-CR-0002791-2014. BEFORE: OLSON, J., KUNSELMAN, J., and MUSMANNO, J. JUDGMENT ORDER BY KUNSELMAN, J.:

Xavier Lacosta-Franco appeals from his judgment of sentence.

The trial judge, in his 1925(a) Opinion, points out that, after Lacosta-Franco filed this appeal, his sentence became illegal when this Court decided Commonwealth v. Butler , 173 A.3d 1212 (2017). The trial court asks that we vacate and remand this matter to it for resentencing. Trial Court Opinion, 1/18/18, at 9.

Accordingly, it is SO ORDERED.

Judgment of sentence vacated. Case remanded.

Jurisdiction relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 06/04/2018