Commonwealth v. Rhoads

Full title: COMMONWEALTH of Pennsylvania, Respondent, v. Barbara Ann RHOADS, Petitioner

Court: Supreme Court of Pennsylvania

Date published: Dec 13, 1996

685 A.2d 1390 (Pa. 1996)

685 A.2d 1390

Opinion

December 13, 1996.

Petition No. 207 M.D. Alloc. Docket 1996, for Allowance of Appeal from the Order and Memorandum Opinion of the Superior Court, 451 Pa. Super. 577, 677 A.2d 1267.

ORDER

PER CURIAM:

AND NOW, this 13th day of December, 1996, the Petition for Allowance of Appeal is GRANTED, limited to the issue of whether 75 Pa.C.S.A. § 3731(a)(5) is unconstitutional. Petitioner's conviction under 75 Pa.C.S.A. § 3731(a)(5) and her judgment of sentence are vacated pursuant to Commonwealth v. Barud, 545 Pa. 297, 681 A.2d 162 (1996) and the matter is remanded to the trial court for further action consistent with this Order. Jurisdiction is relinquished.