Commonwealth v. Batzig

Full title: COMMONWEALTH of Pennsylvania, Respondent v. Edward BATZIG, Petitioner.

Court: Supreme Court of Pennsylvania.

Date published: Sep 11, 2013

74 A.3d 1026 (Pa. 2013)

Opinion

2013-09-11

COMMONWEALTH of Pennsylvania, Respondent v. Edward BATZIG, Petitioner.

PER CURIAM.

Petition for Allowance of Appeal, No. 131 EAL 2010, from the Unpublished Memorandum and Order of the Superior Court at No. 1711 EDA 2005 filed March 3, 2010, affirming the Judgment of Sentence of the Philadelphia County Court of Common Pleas at No. CP–51–CR–0613891–2003 filed May 6, 2005.

Prior report: Pa.Super., 996 A.2d 535.

ORDER

PER CURIAM.

AND NOW, this 11th day of September, 2013, the Petition for Allowance of Appeal is GRANTED, LIMITED TO Petitioner's sentencing claim. Further, the Superior Court's decision affirming the imposition of a sentence of mandatory life imprisonment without the possibility of parole is VACATED, and the matter is REMANDED to the Superior Court to remand to the Philadelphia County Court of Common Pleas for a new sentencing hearing pursuant to Commonwealth v. Batts, ––– Pa. ––––, 66 A.3d 286 (2013).

Jurisdiction relinquished.