Opinion
2013-05-30
COMMONWEALTH of Pennsylvania, Respondent v. Dorian PETERSON, Petitioner.
Petition for Allowance of Appeal, No. 152 WAL 2012, from the Order of the Superior Court entered March 16, 2012 at No. 368 WDA 2010, affirming the Judgment of Sentence of the Court of Common Pleas of Allegheny County entered February 1, 2010 at Nos. CP–02–CR–0016116–2007, CP–02–CR–0001812–2008.
Prior report: Pa.Super., 47 A.3d 1247.
ORDER
PER CURIAM.
AND NOW, this 30th day of May 2013, the Supplemental Petition for Allowance of Appeal is GRANTED, LIMITED TO the Petitioner's sentencing claim. Further, Superior Court's decision affirming the mandatory sentence of life without the possibility of parole is VACATED, and that the matter is REMANDED to the trial court for a new sentencing hearing pursuant to Commonwealth v. Batts, –––Pa. ––––, 66 A.3d 286, 2013 WL 1200252 (2013) to allow the trial court to consider the relevant factors as delineated in Miller v. Alabama, –––U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012).