Opinion
2014-04-14
COMMONWEALTH of Pennsylvania, Respondent v. Reinerio VELAZCO–MENA, Petitioner.
Petition for Allowance of Appeal, No. 389 MAL 2012, from the Unpublished Memorandum and Order of the Superior Court at No. 989 MDA 2011 filed April 13, 2012, affirming the Judgment of Sentence of the Berks County Court of Common Pleas at No. CP–06–CR–0001998–2009 filed May 6, 2011.
Prior report: Pa.Super., 48 A.3d 477.
ORDER
PER CURIAM.
AND NOW, this 14th day of April, 2014, the Petition for Allowance of Appeal is GRANTED, limited to the following issue as stated by Petitioner:
Whether the trial court erred in imposing the mandatory minimum sentence pursuant to 42 Pa.C.S. 9712.1(a) over the [Petitioner's] objection on the grounds that the firearm in question was not found “in close proximity” to the drugs found in Petitioner's residence?
The Superior Court's decision affirming the imposition of a mandatory minimum sentence under Section 9712.1 is VACATED, and the matter is REMANDED to the Superior Court for further proceedings in light of Commonwealth v. Hanson, ––– Pa. ––––, 82 A.3d 1023 (2013).