Pa. Court Orders That Convicted Serial Child Abuser Sandusky Be Resentenced
The Pennsylvania Superior Court has vacated the sentence of convicted serial child molester Jerry Sandusky and sent the case back to the trial court so that the former Penn State assistant football coach can be resentenced.
February 05, 2019 at 02:56 PM
3 minute read
The Pennsylvania Superior Court has vacated the sentence of convicted serial child molester Jerry Sandusky and sent the case back to the trial court so that the former Penn State assistant football coach can be resentenced.
A three-judge Superior Court panel Tuesday unanimously vacated Sandusky's sentence, finding that it went against recent U.S. Supreme Court precedent that struck down certain mandatory minimum sentencing schemes as unconstitutional. Sandusky, who was convicted in 2012 on 45 of 48 counts related to sexually abusing numerous children, had been sentenced to serve 30 to 60 years in prison.
“We agree with the parties that pursuant to the holdings in Alleyne [v. United States] and [Commonwealth v.] Wolf, the imposition of mandatory minimum sentences was illegal,” Judge Carolyn Nichols said in the court's 119-page opinion. “Accordingly we affirm that part of the PCRA court's order denying a new trial, but we vacate the judgment of sentence in its entirety and remand for re-sentencing without imposition of mandatory minimum terms.”
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