Commonwealth v. Marinucci

Full title: COMMONWEALTH OF PENNSYLVANIA v. ANGELA MARINUCCI, Appellant

Court: SUPERIOR COURT OF PENNSYLVANIA

Date published: Nov 17, 2017

J-A20044-16 (Pa. Super. Ct. Nov. 17, 2017)

Opinion

J-A20044-16 No. 1758 WDA 2015

11-17-2017

COMMONWEALTH OF PENNSYLVANIA v. ANGELA MARINUCCI, Appellant

JUDGMENT ORDER BY MUSMANNO, J.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence July 1, 2015 in the Court of Common Pleas of Westmoreland County, Criminal Division, No(s): CP-65-CR-0000850-2010 BEFORE: BOWES, STABILE and MUSMANNO, JJ. JUDGMENT ORDER BY MUSMANNO, J.:

In view of the Supreme Court of Pennsylvania's August 24, 2017 Order, which vacated this Court's disposition of this matter and remanded the case for reconsideration in light of Commonwealth v. Batts , 163 A.3d 410 (Pa. 2017), we conclude that the judgment of sentence imposed on Angela Marinucci ("Marinucci") at resentencing is unconstitutional under the Eighth Amendment to the United States Constitution, and therefore an illegal sentence. Accordingly, we remand this matter to the trial court for resentencing in light of Batts.

Case remanded for resentencing. Superior Court jurisdiction relinquished. Judgment Entered. /s/
Joseph D. Seletyn, Esq.
Prothonotary Date: 11/17/2017