Mandatory Minimum Sentence • Crime of Violence • Section 9714 • “Unconscious”

Commonwealth v. Diaz, PICS Case No. 16-1583 (Pa. Super. Dec. 16, 2016) Ott, J. (25 pages).

Trial court properly convicted defendant of rape and other charges after he gave alcohol to 17-year-old and then had sex with her but erred in sentencing him to mandatory minimum sentence under §9714. Sentence vacated.