Opinion
No. 309 MAL 2019
03-24-2021
COMMONWEALTH of Pennsylvania, Respondent v. John Vincent WATERS, Petitioner
ORDER
PER CURIAM
AND NOW , this 24th day of March, 2021, the Petition for Allowance of Appeal is GRANTED , limited to the following issue:
Was an illegal sentence entered on December 4, 2017, where the "costs of prosecution" were imposed anew on a resentence?
Allocatur is DENIED as to all other issues.
The judgment of the Superior Court is VACATED insofar as it held that the costs of resentencing were properly imposed on Appellant where his original sentence was illegal pursuant to Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana , 577 U.S. 190, 136 S. Ct. 718, 193 L.Ed.2d 599 (2016). The matter is REMANDED for further proceedings in light of this Court's disposition in Commonwealth v. Lehman , 243 A.3d 7 (Pa. 2020).