Opinion
J-18-2019 No. 755 CAP
11-26-2019
COMMONWEALTH OF PENNSYLVANIA, Appellee v. KEVIN PELZER, Appellant
Appeal from the Orders entered on January 29, 2003, March 25, 2003 and August 26, 2011 in the Court of Common Pleas, Philadelphia County, Criminal Division at CP-51-CR-1031752-1988, denying in part post conviction relief. (Nunc pro tunc appeal rights reinstated on June 1, 2017.) ORDER
PER CURIAM
AND NOW, this 26th day of November, 2019, the appeal is DISMISSED. Presently, because Pelzer is not currently sentenced to death, this Court lacks jurisdiction over the appeal. See 42 Pa.C.S. § 9546(d) (providing this Court with exclusive appellate jurisdiction over "a final order" in a "case in which the death penalty has been imposed").
The case is REMANDED to the Philadelphia Court of Common Pleas for sentencing pursuant to our previous mandate in Commonwealth v. Daniels and Pelzer, 104 A.3d 267, 319 (Pa. 2014).
Justice Dougherty files a concurring statement joined by Justice Mundy.
Justice Wecht files a concurring statement joined by Justice Donohue.
Chief Justice Saylor and Justices Baer and Todd did not participate in the consideration or decision of this matter.