Opinion
No. 282 MAL 2023
04-03-2024
COMMONWEALTH of Pennsylvania, Respondent v. George Thomas SHIFFLETT, Petitioner
Petition for Allowance of Appeal from the Order of the Superior Court ORDER
PER CURIAM
AND NOW, this 3rd day of April, 2024, our October 30, 2023 Order is VACATED, and the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:
In light of Alleyne v. United States, 570 U.S. 99, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), is it unconstitutional to consider an acceptance of ARD as a prior offense for sentencing purposes without the procedural protections afforded by Alleyne, i.e., a prior offense can only be determined by a jury by proof beyond a reasonable doubt?
The "Application for Immediate Leave to File a Supplemental Petition for Allowance Of Appeal" is DISMISSED as moot.