A split en banc state Superior Court panel has ruled that selling drugs within 500 feet of a school bus stop is still punishable by triple the mandatory minimum sentence for attempted drug sales, even if the bus stop is not marked, it’s nighttime and school’s out for summer.

An en banc panel voted 6-3 to uphold a trial court’s ruling affirming the lower court’s sentence enhancement under Section 6314(b)(4) of the Pennsylvania Crimes Code, which triples the minimum sentence for convicted drug dealers when they’re caught selling near a school bus stop, even though the bus stop in question was not marked as such and the attempted sale took place at 9:30 on a summer night.

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