Commonwealth v. Johnson
Commonwealth v. Johnson
93 A.3d 806; 625 Pa. 562; 2014 WL 2694197; 2014 Pa. LEXIS 1488
(Atlantic Reporter, Third Series)
Commonwealth v. Johnson
Opinion of the Court
ORDER
AND NOW, this 13th day of June, 2014, the Petition for Allowance of Appeal is GRANTED LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by petitioner, is:
Whether the sentencing court imposed an illegal sentence in violation of the [petitioner’s] Sixth Amendment rights by invoking the mandatory minimum provisions of 18 Pa.C.S.[ ] § 6317, where such determination was not determined or found to be present by a jury beyond a reasonable doubt?
Further, the parties are directed to address the following question:
Whether a challenge to a sentence pursuant to Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013) implicates the legality of the sentence and is therefore non-waivable.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.