Summary
granting petition for allowance of appeal, in case applying Ruiz, and denoting issue as whether decision conflicts with Washington and whether the panel "ordered inappropriate relief, in that, the panel vacated that portion of the plea defendant challenged and remanded for resentencing" and noted that "defendant ... is not [entitled to relief]."
Summary of this case from Commonwealth v. WeimerOpinion
No. 693 MAL 2016
02-15-2017
COMMONWEALTH of Pennsylvania, Petitioner v. Phillip DIMATTEO, Respondent
ORDER
PER CURIAM.
AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:
(1) Whether the Superior Court panel decision is in conflict with the Supreme Court of Pennsylvania's decision in Commonwealth v. Washington, ___ Pa. ___, 142 A.3d 810 (2016), decided July 19, 2016?
(2) Whether the Superior Court panel decision ordered inappropriate relief, in that, the panel vacated that portion of the plea defendant challenged and remanded for resentencing; if defendant is entitled to relief, which he is not, the appropriate relief would be to vacate the entire plea and remand the case for trial on all the original charges?