Opinion
No. 267 EAL 2004.
March 14, 2007.
Petition for Allowance of Appeal No. 267 EAL 2004 from the Order of the Superior Court at 265 EDA 2003, dated June 14, 2004 affirming the order of the Court of Common Pleas of Philadelphia County at 0204-0256 1/1, dated October 9, 2002.
ORDER
AND NOW, this 14th day of March, 2007, the Petition for Allowance of Appeal is hereby GRANTED, limited only to issue (e):
"Whether Petitioner is entitled to have his separate and consecutive sentence for criminal trespass vacated since it merged with petitioner's sentence for burglary."
The Order of the Superior Court is Vacated as to issue (e) only per Commonwealth v. Jones, 590 Pa. 356, 912 A.2d 815 (2006), with instructions to Remand to the trial court for further consideration consistent with Jones.