Opinion
2014-03-5
COMMONWEALTH of Pennsylvania, Petitioner v. Terry David KLINE, Jr., Respondent.
Petition for Allowance of Appeal, No. 349 MAL 2011, from the Unpublished Memorandum and Order of the Superior Court at No. 148 MDA 2009 filed February 10, 2011, affirming the Judgment of Sentence of the Berks County Court of Common Pleas at No. CP–06–CR–0005241–2007 filed December 19, 2008.
Prior report: Pa.Super., 24 A.3d 451.
ORDER
PER CURIAM.
AND NOW, this 5th day of March, 2014, the Petition for Allowance of Appeal is GRANTED, the portion of the Superior Court's order which vacated Respondent's judgment of sentence with regard to his conviction for conspiracy to commit third-degree murder is VACATED, and the matter is REMANDED to the Superior Court for reinstatement of Respondent's judgment of sentence for conspiracy to commit third-degree murder pursuant to Commonwealth v. Fisher, et al., –––Pa. ––––, 80 A.3d 1186 (2013).