Opinion
J-E01007-16 No. 305 MDA 2014
01-04-2017
COMMONWEALTH OF PENNSYLVANIA Appellee v. NORMA JEAN HOLMES Appellant
Appeal from the Order Entered January 21, 2014
In the Court of Common Pleas of 39th District Fulton County Branch
Criminal Division at No: CP-29-CR-0000103-2012 BEFORE: FORD ELLIOTT, P.J.E., BENDER, P.J.E., BOWES, SHOGAN, LAZARUS, MUNDY, OLSON, OTT, and STABILE, JJ. PER CURIAM ORDER
It appearing that the en banc Superior Court of Pennsylvania is divided evenly 4-4 on the issue of whether restitution was properly ordered by the trial court under Section 1106(a) of the Crimes Code, 18 Pa.C.S.A. § 1106(a), the order of the trial court dated January 21, 2014, ordering restitution as a direct result of the crime for which Appellant was sentenced, is deemed AFFIRMED.
To the extent the trial court's January 21, 2014 order also imposed restitution upon the Appellant as a condition of probation under Section 9754(c)(8) of the Sentencing Code, 42 Pa.C.S.A. § 9754(c)(8), the trial court's order of restitution as a condition of probation is hereby VACATED, as the en banc Superior Court of Pennsylvania is unanimous in the result that the order of conditional probation was improper. Judge Mundy did not participate in the consideration or decision of this case.
PER CURIAM