Opinion
2014-04-2
COMMONWEALTH of Pennsylvania, Respondent v. Albert JABBAR, Petitioner.
Petition for Allowance of Appeal, No. 119 EAL 2013, from the Unpublished Memorandum and Order of the Superior Court at No. 1669 EDA 2011 filed January 24, 2013, affirming the Judgment of Sentence of the Philadelphia County Court of Common Pleas at No. CP–51–CR–0008907–2010 filed May 13, 2011.
Prior report: Pa.Super., 64 A.3d 286.
ORDER
PER CURIAM.
AND NOW, this 2nd day of April, 2014, the Petition for Allowance of Appeal is GRANTED, LIMITED TO Petitioner's sentencing claim, insofar as it challenges the application of 42 Pa.C.S.A. § 9712.1's requirements of “actual or constructive possession or control” and “close proximity.” Further, the Superior Court's decision affirming the imposition of a sentence of a mandatory minimum sentence under Section 9712.1 is VACATED, and the matter is REMANDED to the Superior Court for further proceedings in light of Commonwealth v. Hanson, 82 A.3d 1023 (Pa.2013). In all other respects, the Petition for Allowance of Appeal is DENIED.
Jurisdiction relinquished.