Supreme Court of Pennsylvania, 2010

Commonwealth v. Gaumer

Commonwealth v. Gaumer
Supreme Court of Pennsylvania · Decided March 10, 2010
605 Pa. 405; 990 A.2d 723; 2010 Pa. LEXIS 401

Commonwealth v. Gaumer

Opinion of the Court

*406 ORDER

PER CURIAM.

AND NOW, this 10th day of March, 2010, the Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court is VACATED, and the matter REMANDED to the trial court for resentencing pursuant to Commonwealth v. Haag, 981 A.2d 902, 907 (Pa. 2009) (if no conviction on previous § 3802 violation occurred before commission of subsequent violation, offender cannot be sentenced as recidivist on subsequent violation). Jurisdiction relinquished.

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