Opinion
January 9, 2001.
Petition for Allowance of Appeal from the Order of the Superior Court, No. 510 W.D. Alloc. Dkt. 2000.
ORDER
AND NOW, this 9th day of January, 2001, the Petition for Allowance of Appeal is granted limited to issue I as stated in the Petition: "Whether the statute, 42 Pa.C.S.A. § 9714(A)(1), is unconstitutional and the Superior Court erred in rejecting the Petitioner's assertion that said statute is unconstitutional." The judgment of sentence is vacated and the matter is remanded to the common pleas court for resentencing. See Commonwealth v. Butler, No. 38 E.D. Appeal Dkt. 1998 (filed October 27, 2000). In all other respects, the petition for allowance of appeal is denied.
Jurisdiction relinquished.