IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 343 MAL 2016 : Respondent : : Petition for Allowance of Appeal from : the Unpublished Memorandum and v. : Order of the Superior Court at No. 1364 : MDA 2014 entered on October 20, : 2015, vacating and remanding the CALEB DANIEL FOX, : Judgment of Sentence of the Luzerne : County Court of Common Pleas at No. Petitioner : CP-40-CR-0002759-2013 entered on : July 1, 2014

ORDER

PER CURIAM DECIDED: October 20, 2016 AND NOW, this 20th day of October, 2016, the Petition for Allowance of Appeal

is GRANTED, the order of the Superior Court is VACATED, and the matter is

REMANDED for proceedings consistent with Commonwealth v. Lutz-Morrison, 143 A.3d 891 (Pa. 2016).

Justice Wecht did not participate in the consideration or decision of this matter.