Two consecutive terms of incarceration for a period of 60 to 120 months were imposed, combining various counts relative to each term. Blasi's total sentence was 120 to 240 months' incarceration. On direct appeal, the Superior Court affirmed the judgment of conviction and sentence, Commonwealth v. Blasi, 444 Pa. Super. 672, 663 A.2d 244 (1995) (table), and the Supreme Court denied a petition for allocatur, Commonwealth v. Blasi, 542 Pa. 640, 666 A.2d 1050 (1995) (table). Before the latter ruling was issued, Blasi filed a petition under the Pennsylvania Post Conviction Relief Act (PCRA) which was denied by the Court of Common Pleas. The Superior Court again affirmed, Commonwealth v. Blasi, 711 A.2d 1037 (Pa.Super. 1998), and the Supreme Court again denied allocatur.
As such, we cannot accept the Commonwealth's argument. Commonwealth v. Bucknor, 441 Pa.Super. 441, 657 A.2d 1005, 1007 n.1 (1995), appeal denied, 542 Pa. 640, 666 A.2d 1050 (1995) (A three judge panel cannot overrule en banc decisions of this Court).However, Pa.R.E. Rule 803(1), the present sense impression exception to the rule against hearsay, does not
Likewise, in this case, although the jury was required to find that the victim was less than 16 years of age in order to convict Appellant, we cannot ignore the binding precedent from an en banc decision of this Court. See Commonwealth v. Bucknor, 441 Pa.Super. 441, 657 A.2d 1005, 1007 n. 1 (1995) (stating, “as a three judge panel[,] we are bound by the rulings of a court en banc [ ]”), appeal denied, 542 Pa. 640, 666 A.2d 1050 (1995). Newman stands for the proposition that mandatory minimum sentence statutes in Pennsylvania of this format are void in their entirety.
Likewise, in this case, although the jury was required to find that the victim was less than 16 years of age in order to convict Appellant, we cannot ignore the binding precedent from an en banc decision of this Court. See Commonwealth v. Bucknor, 441 Pa.Super. 441, 657 A.2d 1005, 1007 n. 1 (1995) (stating, “as a three judge panel[,] we are bound by the rulings of a court en banc [ ]”), appeal denied, 542 Pa. 640, 666 A.2d 1050 (1995). Newman stands for the proposition that mandatory minimum sentence statutes in Pennsylvania of this format are void in their entirety.
As such, we cannot accept the Commonwealth's argument. Commonwealth v. Bucknor, 441 Pa.Super. 441, 657 A.2d 1005, 1007 n. 1 (1995), appeal denied, 542 Pa. 640, 666 A.2d 1050 (1995) (A three judge panel cannot overrule en banc decisions of this Court). ¶ 26 However, Pa.R.E. Rule 803(1), the present sense impression exception to the rule against hearsay, does not explicitly adopt the Carney rule, and no case subsequent to codification has done so either.