ORDER

AND NOW, this 5th day of March 2009, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:

Did the Superior Court err in determining that [Respondent’s] challenge to the application of a mandatory minimum sentence was a non-waivable challenge to the legality of the sentence despite the fact that the sentence did not exceed the statutory maximum sentence for the crime of which he was convicted?