IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 21 MAL 2015 : Respondent : : Petition for Allowance of Appeal from : the Unpublished Memorandum and v. : Order of the Superior Court at No. 1228 : MDA 2014 exited December 4, 2014, : affirming the Order of the Lancaster EMRU KEBEDE, : County Court of Common Pleas at No. : CP-36-CR-0003556-2007 exited June Petitioner : 27, 2014

ORDER

PER CURIAM DECIDED: February 17, 2016 AND NOW, this 17th day of February, 2016, the Petition for Allowance of Appeal is GRANTED on the issue of whether Petitioner’s sentence violates the prohibition against mandatory life sentences for juvenile offenders announced by the Supreme Court of the United States in Miller v. Alabama, 567 U.S. ___, 132 S. Ct. 2455 (2012).

As a result of the recent holding by that Court that Miller must be applied retroactively by the States, see Montgomery v. Louisiana, 2016 WL 280758 (U.S. Jan. 25, 2016), the Superior Court’s order is VACATED, and the case is REMANDED for further proceedings consistent with Montgomery.

Mr. Justice Eakin did not participate in the decision of this matter