M.D. Appeal Dkt.

47 MAP 2019

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 69 MAL 2019 : Petitioner : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : MICHAEL A. LEHMAN, : : Respondent :

ORDER

PER CURIAM AND NOW, this 25th day of June, 2019, the Petition for Allowance of Appeal is GRANTED. The issue as stated by petitioner is:

Whether the Pennsylvania Superior Court erred as a matter of law by holding that the costs relating to contested expert testimony in a contested resentencing do not constitute costs of prosecution under 16 P.S. §1403, [ ] and are ineligible for imposition upon a defendant reimbursement as part of a sentence as a matter of law rather than the sentencing court’s discretion[?]