Commonwealth v. Brookins

Supreme Court of Pennsylvania September 21, 1992

Commonwealth v. Brookins, 531 Pa. 397 (Pa. 1992)

613 A.2d 554; 1992 Pa. LEXIS 456

Cappy, Consideration, Flaherty, Larsen, Matter, McDermott, Nix, Papadakos, Zappala

Opinion of the Court

ORDER

PER CURIAM.

Inasmuch as the Commonwealth filed a timely motion to vacate the erroneous sentence imposed by the trial court, appellant’s contention that the trial court was never accorded *398an opportunity to correct the sentence is without merit. For the reasons stated in the opinion filed in Commonwealth v. Corporan, — Pa.-, 613 A.2d 530 (1992), the decision of the Superior Court vacating the sentence imposed by the trial court and remanding for application of the mandatory minimum sentencing statute, 18 Pa.C.S. § 7508(a), is affirmed.

NIX, C.J., and LARSEN, J., did not participate in the consideration or decision of this matter. McDERMOTT, J., did not participate in the decision of this matter.

Reference

Full Case Name: COMMONWEALTH of Pennsylvania v. John BROOKINS
Status: Published