Summary
granting the Commonwealth's petition for allowance of appeal to consider whether the Simmons Court erred in holding that trial courts lack the statutory authority to anticipatorily revoke a defendant's probation that has not yet commenced
Summary of this case from Commonwealth v. ConleyOpinion
No. 298 WAL 2021 No. 299 WAL 2021 No. 300 WAL 2021
01-25-2022
COMMONWEALTH of Pennsylvania, Petitioner v. Keith ROSARIO, Respondent Commonwealth of Pennsylvania, Petitioner v. Keith Rosario, Respondent Commonwealth of Pennsylvania, Petitioner v. Keith Rosario, Respondent
ORDER
PER CURIAM.
AND NOW, this 25th day of January, 2022, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:
(1) Did the Superior Court err and abuse its discretion and misapprehend and ignore or misapply the doctrine of stare decisis in its Simmons decision by overturning over 40 years of case law permitting the revocation of consecutive probation sentences not yet commenced where there has been a substantive violation and conviction in a new case?
(2) Did the Superior Court abuse its discretion and misapprehend and misapply the statutory authority it cited in Simmons, which statutes do not clearly and unambiguously speak to or demand the result of prohibiting violation of probation sentences that have not yet commenced when a substantive violation has occurred?