Supreme Court of Pennsylvania, 2015

Commonwealth, Pet v. Ball, III., J.

Commonwealth, Pet v. Ball, III., J.
Supreme Court of Pennsylvania · Decided March 24, 2015 · Per Curiam
111 A.3d 745; 631 Pa. 298 (Atlantic Reporter, Third Series)

Commonwealth, Pet v. Ball, III., J.

Opinion

*299 ORDER

PER CURIAM.

AND NOW, this 24th day of March, 2015, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

(1) Given the extensive impact the Superior Court’s published opinion could have on the lower courts and prosecution offices in situations where a defendant initiates a statutory summary appeal from a Magisterial District Judge’s sua sponte finding of guilt on an uncharged, lesser-included offense, should this Honorable Court grant review because the purpose for double jeopardy protections are not implicated, or implicated minimally, when the defendant appeals his conviction for a trial de novo?
(2) Should this Honorable Court exercise its supervisory authority over the Superior Court’s erroneous discharge of defendant and remand his case for sentencing on the lesser-included offense he appeals and necessarily was found guilty of committing?

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