Superior court erred in upholding appellant's sentence because appellant's challenge to his sentence was not waived and the commonwealth conceded that his sentence was unconstitutional under Alleyne v. U.S., 133 S. Ct. 2151. Vacated and remanded.
January 13, 2017 at 12:00 AM
1 minute read
Mandatory Minimum Sentence • Constitutionality • Illegal Sentence • Issue Preservation
Commonwealth v. Barnes, PICS Case No. 17-0030 (Pa. Dec. 28, 2016) Baer, J., Dougherty, J. (concurring) (14 pages).
Superior court erred in upholding appellant’s sentence because appellant’s challenge to his sentence was not waived and the commonwealth conceded that his sentence was unconstitutional under Alleyne v. U.S., 133 S. Ct. 2151. Vacated and remanded.
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