J-S40017-15 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : MATTHEW CLARK McDONALD, : : Appellant : No. 1430 WDA 2014 Appeal from the Judgment of Sentence November 7, 2013, Court of Common Pleas, Allegheny County, Criminal Division at No(s): CP-02-CR-0000062-2013 and CP-02-CR-0000182-2013 BEFORE: FORD ELLIOTT, P.J.E., DONOHUE and STRASSBURGER*, JJ.

JUDGMENT ORDER BY DONOHUE, J.: FILED JUNE 23, 2015 Mathew Clark McDonald (“McDonald”) appeals from the judgment of sentence entered following his convictions of robbery, conspiracy, and possessing instruments of crime.1 The trial court sentenced him to a five- year mandatory minimum sentence pursuant to 42 Pa.C.S.A. § 9712. See Trial Court Opinion, 12/22/14, at 2-3. In Commonwealth v. Valentine, 101 A.3d 801 (Pa. Super. 2014), this Court found § 9712 unconstitutional, therefore rendering illegal a sentence formulated thereunder. Id. at 811-12 (finding that § 9712 violates the United States Supreme Court’s decision in Alleyne v. United States, 133 S.Ct. 2151 (2013)). McDonald’s sentence is therefore illegal; accordingly, we vacate the judgment of sentence and

18 Pa.C.S.A. §§ 3701(a)(1)(ii), 903(c), 907(b).

*Retired Senior Judge assigned to the Superior Court.

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remand this case to the trial court for resentencing without consideration of § 9712.2 Judgment of sentence vacated. Case remanded. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary Date: 6/23/2015

We note that Valentine was decided two months after McDonald filed his notice of appeal. As Valentine was decided while McDonald’s appeal was pending, he is entitled to the application of the new rule of law announced therein. Commonwealth v. Newman, 99 A.3d 86, 90 (Pa. Super. 2014) (en banc).

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