Summary
vacating and remanding for resentencing without imposition of mandatory minimum per Section 9718.4
Summary of this case from Com. v. GleasonOpinion
No. 353 WAL 2015
08-31-2016
COMMONWEALTH of Pennsylvania, Respondent v. Keith PENNYBAKER, Petitioner.
ORDER
AND NOW, this 31st day of August 2016, the Petition for Allowance of Appeal is GRANTED. The Superior Court's order is VACATED and Petitioner's judgment of sentence is VACATED. The matter is REMANDED to the trial court for resentencing without application of 42 Pa.C.S. § 9718.4. See Commonwealth v. Hopkins, ––– Pa. ––––, 117 A.3d 247 (2015) and Commonwealth v. Wolfe, –––Pa. ––––, 140 A.3d 651 (2016).
Chief Justice SAYLOR, Justice TODD, and Justice DOUGHERTY dissent as they would grant the petition and hear the appeal.